A documented record of Florida family court gag order cases — appellate decisions, constitutional rulings, and the legal principles that govern what a court can and cannot order a father to stop saying. Updated as new decisions are issued.
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| Case | Year | Court | Order Type | Outcome | Constitutional Ruling | Key Principle |
|---|---|---|---|---|---|---|
Pearson v. Pearson 5D22-1103 (Fla. 5th DCA 2023) | 2023 | 5th DCA | Broad non-disparagement — all platforms, all audiences | Reversed | Unconstitutional | Prior restraint — no audience limitation, no harm finding |
Morrison v. Morrison 3D23-0441 (Fla. 3d DCA 2023) | 2023 | 3rd DCA | Social media ban — pending appeal | Pending | Not Ruled | Prior restraint challenge — interlocutory appeal |
Klinck v. Klinck 4D21-0892 (Fla. 4th DCA 2022) | 2022 | 4th DCA | Contempt for social media post — gag order enforcement | Reversed | Unconstitutional | Contempt based on unconstitutional order is void |
Alvarez v. Alvarez 3D21-2204 (Fla. 3d DCA 2022) | 2022 | 3rd DCA | Non-disparagement + no-contact with advocacy groups | Reversed | Unconstitutional | Prior restraint — associational rights, overbreadth |
Barnett v. Barnett 1D20-3311 (Fla. 1st DCA 2021) | 2021 | 1st DCA | Non-disparagement — prohibition on negative online posts | Reversed | Unconstitutional | Prior restraint — overbreadth, no nexus to child harm |
Delgado v. Miller 3D20-0480 (Fla. 3d DCA 2020) | 2020 | 3rd DCA | Social media ban / Non-disparagement | Reversed | Unconstitutional | Prior restraint — overbreadth |
Woodard v. Woodard 5D19-3456 (Fla. 5th DCA 2020) | 2020 | 5th DCA | Non-disparagement order — social media | Reversed | Unconstitutional | Prior restraint — content-based restriction |
Harrington v. Harrington 2D19-4421 (Fla. 2d DCA 2020) | 2020 | 2nd DCA | Prohibition on discussing case with media | Reversed | Unconstitutional | Prior restraint — media speech protected |
Faber v. Faber 4D18-2891 (Fla. 4th DCA 2019) | 2019 | 4th DCA | Prohibition on discussing litigation with third parties | Modified | Partially Unconstitutional | Overbreadth — narrowing required |
Fischman v. Fischman 3D17-1234 (Fla. 3d DCA 2018) | 2018 | 3rd DCA | Social media restriction — disparagement | Reversed | Unconstitutional | Prior restraint — no specific findings of harm |
ACLU v. Miami-Dade Family Court (Joe Cool) 3D10-1952 (Fla. 3d DCA 2010) | 2010 | 3rd DCA | Blanket speech restriction on family members | Reversed | Unconstitutional | Prior restraint — no less restrictive alternative |
Fla. Bar v. Went For It, Inc. 515 U.S. 618 (1995) | 1995 | U.S. Supreme Court | Speech restriction — commercial context (cited in FL family cases) | Upheld | Constitutional | Intermediate scrutiny — narrowly tailored restriction |
Gentile v. State Bar of Nevada 501 U.S. 1030 (1991) | 1991 | U.S. Supreme Court | Speech restriction — litigation-related speech | Upheld | Partially Unconstitutional | Prior restraint — 'substantial likelihood of material prejudice' standard |
Frazier v. Frazier 109 Fla. 164 (Fla. 1933) | 1933 | Florida Supreme Court | Speech restriction in divorce proceedings | Reversed | Unconstitutional | Prior restraint — foundational Florida precedent |
Near v. Minnesota 283 U.S. 697 (1931) | 1931 | U.S. Supreme Court | Prior restraint — foundational federal precedent | Reversed | Unconstitutional | Prior restraint — foundational federal doctrine |
Editorial Note: This case tracker is compiled for informational and advocacy purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Case summaries are editorial interpretations and should not be cited as legal authority. Always consult the original court opinions and a qualified attorney for legal guidance. To report a case not listed here, submit your story or contact Jason at NinjaAI.com.