Florida Court Reverses Injunction For Cyberstalking

A Florida appellate court has reversed a trial court’s order enjoining an appellant from cyberstalking under Florida’s statute Section 784.0485(1) which defines cyberstalking as “engag[ing] in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial eomtional distress to that person and serving no legitimate purpose.” The appellant, Randy Scott, had sent numerous emails about the appellee, Frederic Blum, and his family and others with whom he was associated to various persons. The court found that because Mr. Scott sent the emails to third parties rather than to Mr. Blum himself they were not directed specifically at him. Thus, Mr. Blum failed to establish that the emails met the definition of cyberstalking under the statute, even though the emails contained links to some materials that the court called “derogatory” and “potentially damaging to Mr. Blum’s business and reputation.” 

Said the court, “That the articles written by Mr. Scott contain false allegations or embarrassing information is not a basis for a cyberstalking injunction.”

Read the entire ruling here.  The case is Scott v. Blum, Case No. 2D15-3412, Florida 2d District Court of Appeal, April 29, 2016.

Eugene Volokh discusses the case here for the Washington Post.