A surprising concession is buried in the latest filing from Florida Attorney General Ashley Moody's office in a federal lawsuit over Amendment 4, a proposed constitutional change that would reverse the state's six-week abortion ban: Despite threats from the Florida Department of Health of potential prosecution against TV stations that continue running a pro-Amendment 4 political ad, the agency "has disclaimed enforcement under the present circumstances," Moody's lawyers told U.S. District Judge Mark Walker.

Those are passive-voice weasel words designed to obscure a more humiliating truth: Prosecuting TV stations for the crime of running pro-Amendment 4 ads would be a stunning First Amendment violation, as Walker already acknowledged last week when he issued a restraining order against Florida officials to prevent them from even thinking about carrying through their strong-arm tactics. "To keep it simple for the State of Florida: it’s the First Amendment, stupid," Walker wrote.

The ad in question, called "Caroline" and sponsored by Floridians Protecting Freedom, features a Tampa woman relaying her story about the difficulties of obtaining a medically necessary abortion in Florida given the current six-week ban on the books.

Moody must be a glutton for punishment. Despite Walker's admonishment last week, her office filed a brief Tuesday that is filled with arguments Walker already shredded. Remarkably, her office's filing simultaneously defends the actions of Florida officials as lawful while — to borrow her office's words — disclaiming the underpinnings of the state's own argument.