SCORE ONE FOR THE GOOD GUYS: A Florida court yesterday that vacated an Order that required re-writing history and removing commentary on social media. Apparently, the court on March 13 demanded that, according to Eugene Volokh:
“[Anyone] remove and cause to be removed from any Site (including the web sites themselves and all URLS and links, even if they change) all statements, posts, social media, or videos or documents related to directly or indirectly to a lawsuit between Alex Daoud (mayor of Miami Beach from 1985 to 1991) but later convicted of bribery and various other charges. Some years later, he arranged a real estate deal together with his daughter, Kelly Hyman (a lawyer and occasional political commentator)—but that went bad, and led her to sue him.”
According to Volokh’s post yesterday, media lawyer and good pal Marc Randazza got the Order vacated. Eugene is right of course, that such a broad sweeping order — not even served upon non-parties — more than likely violates both the First Amendment’s ban on prior restraints and in general, Due Process when it comes to demanding that media do (or not do) something over which they have not been made a party.