RESTRAINING ORDER PROHIBITING POSTING DIVORCE INFORMATION ON SOCIAL MEDIA.

NEW CASE: Molinaro v. Molinaro. The Second District reversed a Los Angeles County trial court’s RESTRAINING ORDER prohibiting husband from posting “anything about the case on Facebook” as overbroad and an impermissible infringement of his free speech rights. “It is certainly in the best interests of any children of divorce that the adults in their lives act in a mature and courteous manner” however, where a restraint on the freedom of speech is concerned, the restriction must be necessary and narrowly tailored to promoting those interests. The terms of the restraining order prohibiting Michael from posting about the case on Facebook does not meet this test. We conclude it is overbroad, constituting an invalid prior restraint, and must be stricken from the domestic violence restraining order.

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