FL lawmakers back in Tallahassee to debate limits on abortion, free speech – Public News Service

Within hours of the start of Florida's legislative session, newly filed bills are set to test the limits on hot-button topics such as abortion and free speech.

Florida's new 15-week abortion ban has yet to be implemented due to litigation, but state Rep. David Borrero, R-Sweetwater, has filed H.B. 1519, which would prohibit any person or entity from purposely performing or attempting to perform an abortion.

Rep. Anna Eskamani, D-Orlando, took to social media to express her outrage, calling the move "cruel for the sake of being cruel."

"It is a total abortion ban that eliminates what were already narrow exceptions for rape or incest and also goes further into criminalizing individuals or entities that provide medication abortion by mail, " she implored.

The news comes as a state constitutional amendment that would protect abortion access in Florida received enough signatures of support to appear on ballots in the November election. However, a challenge by the state's attorney general could still block it, claiming the language is misleading.

Another newly filed measure, S.B. 1780, by Sen. Jason Brodeur, R-Lake Mary, would make it easier for an individual to sue another person for defamation.

Eskamani sees the measure as an attempt to create a penalty for an opinion one doesn't like, which she believes is a slippery slope that could lead to criminalization.

"As long as you're not directly threatening me, there really is not a path forward that I can pursue," Eskamani explained, "and I'm OK with that because I should not be punishing people for expressing a viewpoint I don't like. I don't have to agree with it."

For a successful defamation case, one has to prove "actual malice." A defendant found liable for defamation could be fined at least $35,000. The bill also removes bedrock journalistic privileges, particularly the right to keep sources anonymous. Statements from anonymous sources would be considered "presumptively false," making journalists reporting on discrimination vulnerable to lawsuits.

Tuesday is the final day for lawmakers to file bills, and the legislative session wraps up in early March.

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January is Cervical Health Awareness Month and health experts said they are concerned about the growing number of cervical cancer diagnoses nationwide.

Kentucky already has the highest rate of cervical cancer in the U.S., with the state's Appalachian region having cases at twice the national rate.

Rebecca Gibron, CEO of Planned Parenthood in Kentucky, said cervical cancer takes years to develop, and can be prevented easily with regular screenings for early detection and with the HPV vaccine. Middle-aged patients who missed early detection are at highest risk.

"Older women are more vulnerable," Gibran explained. "I think the reason is this age group in particular may not have received the recommended number of screening tests with normal results before they stopped having Pap smears."

Studies have shown women ages 40-44 who live in the south are less likely to be vaccinated against HPV or screened for cervical cancer, and also comprise the demographic who did not have access to the vaccine during adolescence. The American Cancer Society estimated in 2023, more than 4,000 women died from cervical cancer nationwide.

Infection with HPV is the single greatest risk factor for cervical cancer. It is estimated more than 90% of cervical cancer cases are caused by HPV each year. Gibron encouraged Kentuckians to prioritize their reproductive health in the new year. She added regional Planned Parenthood Health Centers offer PAP exams and more.

"We often are the only provider of affordable reproductive health care or the only provider that offers specialized care," Gibron pointed out. "We want folks to take control of their health care and get their annual wellness visit, get their HPV test, young people get your HPV vaccine."

The Centers for Disease Control and Prevention recommends the HPV vaccine for children ages 11 and 12, but adults up to age 45 can also receive their shot. Condom use has been shown to help lower the chances of spreading HPV.

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As the United States Supreme Court decides whether the abortion pill is safe, some legal scholars predict the decision may backfire on anti-abortion advocates.

The case paving the way for the nation's highest court to get involved does not focus on abortion access, but rather the U.S. Food and Drug Administration's process to approve drugs.

The U.S. Court of Appeals for the 5th Circuit ruled last summer that mifepristone can stay on shelves where it is legal. However, the appeals court decided FDA changes making easier access to the drug failed to follow proper procedure.

Indiana University Law Professor Jody Madeira isn't surprised the high court picked up the case and predicts it might not have the result anti-abortion proponents expect.

"And I do think that it might end up, in a surprising way, protecting abortion rights," Madeira said. "The Supreme Court has been sort of on a trend where it's been narrowing agency rights. But here, the right the FDA has is to judge whether mifepristone is safe."

Madeira posed this question: If courts start deciding drug safety, then what becomes the incentive for pharmaceutical companies to develop new drugs and treatments?

A final decision on mifepristone use is expected by the end of June.

Another obstacle women and girls face is finding doctors comfortable with the ambiguity of new laws restricting abortion. In many cases, according to Madeira, patients cannot find care because doctors don't want to risk losing their medical license.

"State authorities will go to great lengths to persecute and prosecute doctors who even speak to the media about performing and abortion," Madeira stressed. "Dr. Caitlin Bernard and our attorney general, Todd Rokita, is the perfect example. Certainly, doctors have a right to feel very wary and reluctant."

Drug companies and the FDA say mifepristone is safe and has lower risks than such common drugs as Tylenol and Viagra.

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A federal judge has temporarily blocked an anti-abortion law in Idaho restricting people's ability to travel to other states for the procedure.

During the 2023 legislative session, state lawmakers passed a law restricting "abortion trafficking," which it describes as an adult bringing a child across state lines for an abortion with the intent to conceal it from the child's parents or guardians.

Kelly O'Neill, staff attorney for the nonprofit Legal Voice, said a U.S. district court judge agreed to their preliminary injunction request, blocking the law while the case is decided.

"The judge agreed that the law is unconstitutional and that it violates First Amendment freedoms, the right to interstate travel, and that it's unconstitutionally vague and that it's confusing," O'Neill outlined. "A person can't determine what conduct is legal and what might land you in prison for a minimum of two years."

Idaho has some of the most restrictive abortion laws in the country, with the procedure banned in nearly every instance. While abortions have decreased in the state, research shows they've increased in neighboring states where it is protected since Roe v. Wade was overturned, such as in Washington.

O'Neill noted Idaho is not the only state where lawmakers are attempting to restrict abortion.

"There's a huge wave of anti-abortion laws coming out of Idaho in particular and every state in the nation," O'Neill pointed out. "People are working and doing their part to try to push back against those and restore options of choices and freedom, and this is certainly a way that we're helping to do that."

The suit challenging the Idaho law was filed in July. The parties involved gave oral arguments in September.

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FL lawmakers back in Tallahassee to debate limits on abortion, free speech - Public News Service