The University of Georgia School of Law’s First Amendment Clinic successfully challenged a contempt order that indefinitely restrained our client’s online speech.
An order from the Oconee County Superior Court in a child custody litigation prohibited the mother “from posting or encouraging others to post on social media . . . any negative content about this case or any previous cases between the parties, or any negative content involving the minor child or Father.” The order had no expiration date.
The Georgia Court of Appeals agreed with the Clinic’s arguments that this order was an overly broad prior restraint that violated the mother’s free speech.
Recognizing that family law judges can restrict social media postings during a custody proceeding, the reviewing court rejected the “attempt to restrict a party’s right to comment on the litigation indefinitely.” It also found that the trial court failed to determine what danger actually flowed from the prohibited speech and to balance that against the mother’s First Amendment rights.
The Court of Appeals vacated the gag order and remanded to the lower court to conduct the balancing test.
This appeal was handled by the Clinic’s Georgia Journalism Attorney Ward Evans.
The Issue
Free Speech
The First Amendment protects the right of private individuals to engage in speech and expression without being censored or punished by the government because of their viewpoint. While the government may constitutionally regulate the time, place, and manner of private speech in public forums it must do so in a viewpoint-neutral manner and, depending on…
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