A Florida restraining order was issued against Alkivaides (Alki) David on September 9, 2014 by Martin County (FL) Circuit Court signed by Circuit Judge F. Shields McManus. It was a clear case of prior restraint that was ultimately overturned on January 6, 2016. I have posted John Textor’s illegitimate Florida restraining order (prior restraint) to show in clear terms how a restraining order oversteps its authority to restrict an individual’s free speech rights.
In this case, Alki David’s past and prior speech was unfairly and wrongfully extinguished. He was not allowed to speak about John Textor in any online capacity.
.
I pasted the portion of text that oversteps the court’s authority (BOLD is my emphasis):
a. Respondent David shall immediately cease and desist from sending any text messages, emails, posting any tweets (including the re-tweeting or forwarding), posting any Instagram photos, causing articles to be printed on his proprietary websites or otherwise, concerning or related to Textor, whether directly or indirectly, and whether by direct or implied reference to Textor.
b. Respondent David shall immediately remove (but not destroy) all material, electronically distributed, including all past tweets, articles, texts, Instagram photos, or other forms of media distributed over the internet or via other telecommunication apparatus which reference or refer to Textor and take all steps and measures to prevent republication, distribution and/or indexing and/or propagation by search engines.
As you can plainly see, the court order is overbroad, overly restrictive, and sweeping whereby Alki David can’t send or post any information, photos, articles, or comments relating to or about John Textor. Further, the breathtaking order requires the removal of all prior posts, articles, tweets, photos, etc. from the Internet and to prevent such material to be indexed by any search engine.
Clearly, Alki David could not let this restraining order stand uncontested. He and his legal team ultimately appealed this restraining order and a happy ending occurred on January 6, 2016 whereby the Florida Court of Appeals ultimately overturned this bastard of a restraining order that unfairly restricted Alki David’s free speech rights. I will post that decision and its ruling in my next article.
Meanwhile, John Textor, an “executive chairman” from Florida, appears to be a crybaby who can’t seem to handle someone who livess thousands of miles away in California speaking harshly about him online. Give me a break.
=====
Follow Defiantly on Twitter at http://twitter.com/defiantlynet or the Defiantly Facebook Fan Page at http://facebook.com/defiantly.net. Subscribe by Email to the Defiantly Blog in the Blue Box in the Upper Right Corner.
=====