According to Florida law, merely tossing insults is not defamation:
Here, although the posting of the vulgar song may have been directed at Petitioner and was certainly intended to be insulting, it was not credibly or objectively threatening. See Scott, 191 So. 3d at 504; see also Textor, 189 So. 3d at 875 (stating that a murder-related comment “hardly amount[ed] to an actual and credible threat of violence”); Chevaldina, 133 So. 3d at 1091–92 (“the appellees failed to introduce evidence that specific blog posts were being used” in violation of Florida’s cyberstalking law, section 784.048(1)(d), Florida Statutes (2012)). Regardless, injunctions are not available to stop someone from uttering insults or falsehoods. See, e.g., Concerned Citizens for Judicial Fairness, Inc. v. Yacucci, 162 So. 3d 68, 72 (Fla. 4th DCA 2014); Vrasic v. Leibel, 106 So. 3d 485, 486 (Fla. 4th DCA 2013) (holding that an injunction remedy is not available to prohibit defamatory or libelous statements). One reason for this is that there is an adequate remedy at law: an action for damages. See Yacucci, 162 So. 3d at 72; Vrasic, 106 So. 3d at 486. Political figures can pursue defamation actions, provided that they are able to prove actual malice on the part of the defamer. See Barnes v. Horan, 841 So. 2d 472, 479-80 (Fla. 3d DCA 2002) (involving a defamation action by losing candidate for State Attorney); Dockery v. Fla. Democratic Party, 799 So. 2d 291, 293–94 (Fla. 2d DCA 2001); Pullum v. Johnson, 647 So. 2d 254, 257 (Fla. 1st DCA 1994). But merely tossing insults, as Respondent did in this case, is not defamation. See Palm Beach Newspapers, Inc. v. Early, 334 So. 2d 50, 52 (Fla. 4th DCA 1976) (overturning plaintiff’s libel action where “defendants characterized [the plaintiff’s] tenure in office as [u]nsuccessful, and stated that he was unfit to hold the office of Superintendent of Public Instruction because of his [i]neptness, incompetence and [i]ndecisiveness.”). Even if it were, an injunction is not the appropriate remedy.
See: Logue v. Book – 297 So.3d 605
Related (From Alan’s injury blog):
- Defamation Cases Where Plaintiffs Were Victorious
- Defamation of Character Claims
- Defamation Lawyer – Get Answers Now To Your Questions
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