Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida domestic violence injunction may infringe on a person’s First Amendment rights. If a court finds such infringement to be unconstitutional, the injunction may be set aside. The case Logue v. Book, 4D18-1112 (Fla. 4th DCA June 4, 2020) provides a lengthy opinion on a stalking injunction which the accused alleged operated as a prior restraint on his free speech.
The alleged victim operates a non-profit organization which assists victims of sexual abuse and aims to prevent its occurrence. She advocates for sex offender registries as part of the organization’s mission. The accused is the co-founder of an organization that opposes sex offender registries and generally advocates against sex offender laws. Issues between the alleged victim and the accused boiled down to three incidents which the alleged victim relied on to petition for a stalking injunction: (1) a protest conducted by the accused against a march attended by the alleged victim at which the accused held signs protesting the alleged victim’s advocacy of sex offender registries and mocked the alleged victim’s father; (2) a film festival attended by both parties at which the accused publicly confronted the alleged victim on an open microphone about her beliefs; and (3) the accused ran a website which criticized the alleged victim and her father and published articles about them. This website also contained a photo of the alleged victim’s home and her home address.
The appellate opinion cites that the trial court considered “Law enforcement witnesses testified that they viewed Respondent as a credible threat to Petitioner and described steps undertaken to ensure her safety. The FBI investigated Respondent while local and state law enforcement provided Petitioner with protection. Respondent’s criminal history was learned during the investigation as was the existence of a domestic violence injunction entered against him.” Based on this the trial court entered an injunction against the accused. The accused appealed.
The appellate court reversed the injunction, first holding the accused did not direct threatening conduct specifically toward the alleged victim. The appellate commented on a post on the accused’s website that “The wording is no more a threat against her than if it said, ‘Died by Falling Meteor.’ Merely wishing someone ill health in a public forum, without more, cannot serve as the legal basis for an injunction.” Turning to the question of whether or not the accused’s conduct served any legitimate purpose, the appellate court held “Considering the various events alleged, we cannot say they were so devoid of a legitimate purpose as to make them actionable under the statute. Each party in this case is a vocal advocate for opposite positions on sex offender laws. [. . .] True, one side of this debate has far greater public support than the other, but that does not make the Respondent’s advocacy illegitimate.”
As to the fear expressed by the accused, the appellate court held “However, we need not make any determination about whether Petitioner’s fear was objectively reasonable because the Tallahassee protest, Respondent’s attendance at the film festival, and the social media posts did not satisfy the statute’s requirements to support the injunction.” Finally, addressing First Amendment concerns, the appellate court summed up the accused’s right to proceed as he did as follows: “Respondent’s offensive vulgar and insulting posts are part of that friction and grist of public discourse intended by our Founders when forming this nation. Petitioner may feel discomfort by Respondent’s anger as expressed in his postings, but discomfort is not tantamount to being threatened or harassed. His speech advocates for citizen-led political change and seeks to influence the legislative process. Though his words may be base and insulting at times, it is also pure, political, and protected protest deserving of the broadest possible First Amendment protections.”
Not all situations may give rise to an injunction against stalking. Schedule a consultation with a Miami domestic violence lawyer to understand how the law may apply to your situation.