Injunction Against Online Speech,  Dietz v. Perez

After hiring Dietz Development to do some work on her house, Jane Perez posted reviews on the websites Yelp and Angie’s List, in which she described a number of problems she had with the contractor. Dietz Development sued Perez for defamation in Fairfax County Circuit Court, and asked the judge to order her to remove her posts and refrain from any further criticism while the lawsuit is pending. The judge refused to enjoin any of Perez’s criticism of the contractor’s work, but on December 7, 2012, he ordered her to remove her description how she discovered some jewelry missing when only Dietz Development had a key to the house. He also ordered her to remove language about the outcome of a suit for nonpayment brought against her by Dietz. On December 26, 2012, we filed a petition for review in the Supreme Court of Virginia, arguing that the injunction constituted a prior restraint in violation of the First Amendment. On December 28, 2012, the Supreme Court reversed the injunction.
 
Court Documents (click link to view .pdf)
Petition for Review - Virginia Supreme Court
Virginia Supreme Court Order

Attorney(s)

Rebecca Glenberg, ACLU of Virginia; Paul Levy, Public Citizen

Date filed

December 26, 2012

Court

Supreme Court of Virginia

Status

Closed

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