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Can the Issuance of an Injunction Be Restricted in the Orlando, Florida Area if It Exceeds That Which is Allowed by the First Amendment to the United States Constitution by Imposing a Prior Restraint on Protected Speech?

Injunctions which prevent communication to an individual can be permissible under the First Amendment. However, those enjoining communications about an individual are generally unlawful prior restraints. This distinction is consistent with the distinguishing in principle between communications directed at a single person and communications directed to the public.  

There is no categorical harassment exception to the First Amendment. Injunctions must be tailored. They cannot prevent someone from posting on social media communications unless it is confined to constitutionally unprotected speech such as fighting words: those personally abusive epithets which, when addressed to the ordinary citizen are, as a matter of common knowledge, inherently likely to provoke violent reaction. True threats, those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals, or, communications directed at producing imminent lawless action, and is likely to do so.  Injunctions cannot broadly prohibit public statements. If they do, most likely they are over-broad and impermissibly enjoin constitutionally protected course of conduct. 

The First Amendment requires courts to scrutinize restrictions on expression because of its message, its ideas, its subject matter, or its content. Content-based prior restraints on speech and publication are the most serious and least tolerable infringement on First Amendment rights. Temporary restraining orders and permanent injunctions that actually forbid speech activities are classic examples of prior restraint. Any form of prior restraint of an expression comes to a reviewing court bearing a heavy presumption against its constitutional validity. The party who seeks to have such a restraint upheld carries a heavy burden of showing justification for imposition of such a restraint.  

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

 This article is for informational purposes only and does not form an attorney client privilege.