Baker Marquart Wins First Amendment Cyberstalking Appeal In Florida

The firm recently won reversal of a Florida cyberstalking injunction and obtained dismissal in the Florida District Court of Appeals. The Florida Circuit Court had issued a cyberstalking injunction against the firm’s client based on two litigation settlement communications directed at a Florida resident and several social media postings about that resident. Baker Marquart appealed. After the firm’s oral argument, the Court of Appeals reversed, finding that the injunction was an improper prior restraint of First Amendment free speech and that no cyberstalking had been established. The Appellate Court determined that the two communications served a legitimate purpose and the 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.