Divided South Florida Court Rules on Free-Speech Issues in Social Media Row Between Senator and Sex Offender
"Merely wishing someone ill health in a public forum, without more, cannot serve as the legal basis for an injunction," the panel ruled.
June 25, 2020 at 02:26 PM
5 minute read
A stalking injunction blocking a man from contacting, writing about or going within 1,000 feet of Florida Sen. Lauren Book came before the Fourth District Court of Appeal for the second time Wednesday, when the court issued a lengthy and divided en banc opinion.
It was a case in which social media, public officials and the U.S. Constitution collided, giving the court "the opportunity to address whether First Amendment freedoms have limits when applied to 21st century communications."
While the majority found public social media posts not sent directly to someone can rise to the level of stalking under Florida law if the intent is for word to get out to the victim, it ruled that this case didn't meet the mark.
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