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Injunction lifted against woman who blogged about dispute

The internet has provided a platform for many individuals throughout the nation, including the state of Florida, to express their opinions regarding things to a large amount of people in a short amount of time. Many people have created blogs to attain that goal. Some people even make a living blogging. Recently, things got a bit intense for a blogger who was accused of making defamatory or rebellious statements regarding a minority owner of the basketball team, the Heat.

The minority owner sued the woman behind a blog for defamation. That allegation was based on the blog publishing content that criticized the actions the man took in his role as a former landlord to the blogger. At the time of those posts, the two were involved in a business dispute.

More than a year ago, in 2012, a preliminary injunction was filed against the blogger, which informed the woman that she had to stop publishing posts that were defamatory regarding the man. Interestingly, that decision was made before the court determined whether the phrases were in fact defamatory.

Recently a Florida court issued a ruling regarding the case. It removed the preliminary injunction on the grounds that the blogger’s free-speech rights were being inflicted upon. In throwing out that decision, the court pointed out that there are situations in which bans such as this one are not considered to be unconstitutional.

Business disputes such as this one can be expensive for the person named as a defendant, should the prosecution succeed. Because of this most businesses and individuals involved in such a disagreement will contact a lawyer for assistance.

Source: Online Media Daily, “Fla. Court Sides With Blogger Against Miami Heat Owner, Lifts Injunction,” ¬†Wendy Davis, Feb. 7, 2014

Fri Aug 24, 7:21pm

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