The Florida Supreme Court has denied Palm Beach County-based attorney Adam Richardson’s “Petition for Writs of Quo Warranto, Writs of Mandamus, and All Writs Relief” against Governor Ron DeSantis and other state officials for “unlawfully using their offices and agencies to interfere with the election for Amendment 4.” 

Florida’s High Court stated that the quo warranto and mandamus writs were not intended to be used by a private citizen against the state, and Richardson has not met the criteria. 

Liberty Counsel filed an amicus brief in Adam Richardson v. Secretary, Florida Agency for Health Care Administration, et al., stating that elected officials have a First Amendment right to speak in their official capacities on matters of public concern, especially on issues affecting their constituents. In this case, the concern is regarding Governor Ron DeSantis and Attorney General Ashley Moody’s advocacy against the Florida abortion amendment on the November ballot.

Liberty Counsel presented the facts that the petition was an unconstitutional attempt to censor the lawful speech of government officials. The U.S. Supreme Court has long held that elected officials have a constitutional right to speak freely about matters of public concern. Government agencies and their representatives have the right to speak regarding issues of public concern and they also may collaborate with private parties to advance the government’s message affecting the constituents they serve. Therefore, Governor DeSantis and Attorney General Moody’s advocacy against Amendment 4 is an example of the speech the First Amendment protects. 

On Tuesday, November 5, 2024, Florida voters will have a chance to reject or ratify Amendment 4, which is titled “Amendment to Limit Government Interference with Abortion.” Amending the state’s constitution requires approval by a 60 percent majority. 

Liberty Counsel Founder and Chairman Mat Staver stated, “This case was a frivolous attempt to muzzle government officials from their First Amendment right to speak in their official capacities on matters of public concern. Governor DeSantis and Attorney General Ashley Moody cannot ignore their obligation to educate the public about this deceptive and extreme abortion amendment.” 

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