In order to bring an action in Florida against a nonresident who posted defamatory statements, the court must first have jurisdiction over the nonresident under both the Florida Long-Arm Statute and the Due Process Clause of the U.S. Constitution. In other words, can the nonresident be sued in Florida under both state and federal law. […]
Partners Blog
Media Defendants in Florida
In addition to the safeguards and privileges that the courts have established throughout the years to balance the right of individuals to be free from defamatory statements against the rights guaranteed by the First Amendment, the Florida Legislature has also provided certain requirements plaintiffs must meet in order to bring a defamation suit against a […]
Injunctive Relief in Florida
Although injunctive relief is the most effective tool for removing defamatory statements and preventing future defamatory statements, Florida case law prohibits the use of an injunction in defamation cases. This prohibition dates back to Reyes v. Middleton, 17 So. 937 (Fla. 1895), where the Florida Supreme Court held that in the absence of some other […]
Defamation and The Internet
Online defamation is simply the publication of defamatory statements on the Internet, including blogs, forums, websites, and social networking websites. However, unlike traditional media outlets that can be held liable for publishing defamatory statements, because of the Communications Decency Act of 1996 (“CDA”) and the cases interpreting it, online publishers and distributors cannot be held […]