1st Amendment and Free Speech/Violation of First Amendment

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Question
I posted online about a situation after being issued a traffic citation by a S. florida police officer. The offcer downloaded my post, and filed for a restraining order against me for Cyber Stalking. The judge granted the order, and banned me from "posting" regarding the officer and the situation. Does his ruling violate my freedom of Speach??

Answer
As I am not a Florida attorney, and am not familiar with the details of the case, I cannot say whether this specific case violates Constitutional rights.

That said, cyberstalking typically requires that the post be designed to harass or cause emotional distress toward another person and have no other legitimate purpose.  Posting about a police action seems to have a public interest component.  

If you believe your speech was legitimate, I recommend contacting an attorney to look into appealing the order.  You may want to consider contacting a group such as the ACLU or EFF to see if they are interested in providing free legal assistance to challenge the application of the cyberstalking law.

I hope this helps!
- Mike

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. My specialty is in cases involving public employment or education, as well as issues related to campaign finance. I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious content. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process and engage in campaign related speech.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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