The Firm provides many services relating to your business both for transactional purposes and in the case of litigation.
- Advice on Newgathering & Reporting Practices
- Protection Subpoenas
- Review of Pre-Publication Content
Assistance with Access to Government Information
Defamation & Libel
Tortious Interference with Business Relationships
The Florida Constitution guarantees freedom of speech. No state law may be passed stifling freedom of speech of the press. However, the constitution does provide holding those responsible for abusing these rights, i.e. defamation, amongst others.
For the purposes of free speech and press provisions of the Florida Constitution being analyzed by Courts, the Florida courts use the same standard as would be used for the First Amendment of the U.S. Constitution; Strict Scrutiny.
As for suits against media defendants, “under the First Amendment such a legitimate state interest “extends no further than compensation for actual injury.” Edelstein v. WFTV, Inc., 798 So.2d 797 (Fla. 4th DCA 2001) citing Gertz v. Robert Welch, Inc., 418 U.S. 323, 349 (1974).
A statement amounts to defamation per se if it accuses the plaintiff of committing a crime or imputes conduct, characteristics, or other conditions incompatible with their lawful business or profession.
As of now, it is unclear based on Florida case law whether a blogger or a non-traditional journalist is a “media defendant” for the purpose of this evaluation.