After Baker Marquart’s Ryan Baker won reversal of a Florida cyberstalking injunction and obtained dismissal of the entire action in the Florida District Court of Appeals, distinguished free speech law expert, Eugene Volokh, devoted his column in the Washington Post to the case. Volokh explained that there’s a “distinction between speech to individual people who don’t want to receive it (which can often be restricted) and speech about people who don’t want to be talked about,” and that the injunction clearly violated the First Amendment. (The Appellate Court had determined that Baker Marquart’s client’s communications served a legitimate purpose and his social media postings were not directed at the resident and could not have caused the requisite substantial emotional distress. The Appellate Court directed the Circuit Court to dismiss the case in its entirety.) Read Eugene Volokh’s column about the ruling here.
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