MLRC Institute: Actions Against Online Speech

U.S. v. Batiste, et al., Crim. No. 06-20373 (S.D. Fla. indictment June 22, 2006).

Status: Gag order modified; Appeal of gag order dismissed by court

Attorney David O. Markus writes the Southern District of Flordia blog (sdfla.blogspot.com) focusing on cases and news involving the court. One of the cases he blogged about was the “Liberty City” prosecution of seven individuals accused to plotting to blow up the Sears Tower in Chicago. After a jury trial in December 2007; the jury deadlocked on six of the defendants, but acquitted Lygleson Lemorin of all charges. After his acquittal, the government continued to hold Lemorin on immigration charges, and moved for his deportation. In anticipation of a retrial, District Judge Joan Lenard issued a gag order preventing the remaining defendants and their attorneys from discussing the case publicly; she also extended the gag order to Lemorin and his attorney, Joel DeFabio. When Marcus, the blogger, appeared in court on behalf of DeFabio to challenge the gag order, Judge Lenard extended the order to apparently cover him and his blog as well. Markus sought a clarification, and then filed a petition with the 11th Circuit Court of Appeals to have the order lifted (In Re: Lyglenson Lemorin, No. 08-10348-E (11th Cir. filed Jan. 24, 2008). On Jan. 28, Judge Lenard modified the order to apply only to the terrorism case -- in which Lemorin was acquitted and he would now be a witness-- but not the pending immigration case. In light of this ruling, the 11th Circuit dismissed the petition.