TALLAHASSEE — Citing First Amendment rights, an appeals court Wednesday overturned an injunction that state Sen. Lauren Book obtained because of alleged cyberstalking and harassment by an activist who opposes laws dealing with sex-offender registries.
The full 4th District Court of Appeal, in an 8-3 ruling, said a Broward County circuit judge improperly granted an injunction that, in part, was designed to prevent Derek Warren Logue from having contact with Book and from publishing any statement threatening her.
Book, who was sexually abused as a child by a nanny and is a prominent advocate for victims’ rights, pointed to actions by Logue at events in Tallahassee and New York and online posts in seeking the injunction. But the appeals-court majority, while describing Logue’s posts as “vulgar and insulting,” said Logue did not violate a state stalking law and that his actions were protected by the First Amendment.
“As tempting as it might be to force some civility into the matter by stanching respondent’s (Logue’s) speech against petitioner (Book) with a court order, to do so would ignore the protections of the First Amendment and the wording of the stalking statute,” said the 19-page majority opinion, written by Judge Mark Klingensmith. “There was no evidence presented to the trial court that respondent incited action by urging people to threaten harm to petitioner or her family. Claims of threatening speech or harassing action are actionable if the speaker threatens, harasses or intimidates, and intended targets would reasonably perceive that intent. Merely posting public information, or potentially embarrassing and annoying content, without more, is not conduct within the stalking statute and does not entitle petitioner to an injunction.”
Wow common sense actually still exists in southern Florida. Lauren Book’s information should be public since she is a state senator. One that puts all her social media on private; so her feelings don’t hurt. Sometimes the truth hurts and you can’t be a spoiled victim for life. Congratulations Derek!!
The reach of the internet is global they said. Duh! PORs here in this forum know that.
“Must we wait until something happens in action before doing something?” they said. Yes, that’s been known. Investigate if you don’t like the words.
She doesn’t like reverse advocacy against her obviously.
I pray Daddy Ron doesn’t get involved now if he hasn’t already.
Incredible, a state senator wants to pass punitive and discriminatory laws to force people to live in unsanitary encampments under overpasses, and then she doesn’t want to hear about it form the people it harms. How utterly totalitarian of her. So when is she going to pass legislation to give a mandatory minimum jail time for multiple DUI offenders like her father who kill over 1000 children a year?
This was her 2nd appeal loss
also same lawyer that handled this case is same one her drunken daddy has for the DUI case
Hey, how about a restraining order that prevents Ms. Book’s Drunk Drivin’ Daddy from getting behind the wheel again???
“Must we wait until someone commits some violent act before our system can protect its citizens? Haven’t we witnessed enough tragedies to know that our failure to address precursors of violence often leads to a more egregious tragedy?” wrote May, who was joined in the dissent by judges Martha Warner and Cory Ciklin.
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No, we don’t have to wait. We can “pre-arrest” just like in Minority Report. Is that what you are advocating, Your “Honor”?
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“…Logue took the microphone and asked a question that a law-enforcement officer testified was in a loud, aggressive manner, according to court documents.”
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So? Someone who viscerally opposes your point of view cannot have it come out during his speaking? Oh my, he said things in such a mean way, Daddy! Maybe he just has a loud, aggressive voice. “Aggressive” sure is an objective standard, isn’t it?
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“When such rants are posted on social media, they take on a more global reach.”
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So? Take that up with the social media platform. Speech on social media is private speech, last I checked. No “public fora” rights, Lauren-boo-boo. Trust me, we RCs know.
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Nice work, Derek!
I can’t believe they found 8 judges–on the same panel no less–that aren’t in Drunken Ron’s pocket! A glimmer of hope in the penile-shaped State? Maybe the folks are getting tired of good ol’ Drunken Ron and his Lil Darlin’. One can at least hope!
Great job, Derek!
While Derek did a good job that is good. Yes everyone has their methods and viewpoints on it. I congradulate him and he is persistant in his ways to some measure and yes people you all seem to know it al on here and actually all of your merits are good. Yes many of the comments and view’s are good but theirs one parblem on here. You all think too much. Its as if I’m better than that brainless person, or I’m sure he’s a troll, or he is a goodball. Are we all goofballs. NO. Are we all blind NO, course I wouldn’t know about myself as I can’t type remember, or were we all lead astray. Yes.
God doesn’t work that way. Do you want to see all of this registry over not only for yourself but for others. Are law enforcement helping thy neighbors with this inducement, or are you being so seduced by the smell by a teens underarms.
Chapter 7 in the book of proverbs is all you all need to know about this. Yes if you all don’t understand I’m sure Janice and the team will understand about much of this cunning and crafty ordeal laid on mankind by these subtil and sedatious odeals. Yes their are two side’s to everything in this prostitution game. Here is one proverb to get started. I’m sure you or anyone else even a good lawyer can understand the others. The key is to use hindsight in these brazen exhibititionism’s. Remember hindsight is always better than foresight.
https://letgodbetrue.com/proverbs/index/chapter-7/proverbs-7-17/
Reviewing the comments and view’s on here again Brandon has a very good comment and view. One wonders who has common sense today. An activist cyberstalking and harassing. Yes that would sound like Derek in this two wrongs don’t make a right ordeal. And yes I’ve had my conversations with Derek. Brandon some government authority do have common sense today and understand the bible more in this First Admendment ordeal. Sure Derek has his view’s just like many fightening against the registry.
And yes View’s are good even when one takes a second look at all this judiceprudence in this vain type trafficking. Was Derek traffiking, was he cyber stalking or who know’s the thoughts and intent of another. I’m sure an activist wouldn’t wittingly or consciously cyberstalk in this type of ordeal or should authorities consider their own malice inducement or methods. Were they cyberstalking me or you the second night in this vain ordeal or did they press the issue more in this one trick pony. I’m sure they would say I don’t remember as their have been so many cases. Spoken like a true police personal or politician that is so misleading.
So if its the decision of the courts in a court of law I’m sure they would not say, its the choice of the courts to give you 10 or more years in all this cybertrafficing. Yes government can and will pull the wool over anyone eyes as they are the benefactors so even justice is blind in these ordeals in many vain ways. Standing up like Derek did is very good.
Is there a non-stalky way to thank her for her court failure?
Although I don’t always agree with the way Derek does things; I do stand shoulder to shoulder in support of what he has done for registrants in Florida and across the country. When Derek and WAR had their anti-Registry protests during the Rally in Tally in honor of Lauren. She changed the laws when one needs to register in Florida because her feelings were hurt. She reminds me of the spoiled brat from Willy Wonka and wants the state of Florida to pay for what her daddy failed to do.