Open Memo Assignment:

Our client is Jane Tikton. She advises that she met Clark Jackson in college and that they dated for five years before breaking up in March of 2021. After the breakup, which was emotionally difficult, Jane states that Clark hacked her email and Facebook account. He sent twenty disparaging emails to her supervisors at work as well, accusing her of being alcoholic. The other emails and Facebook comments accused her of being a drug addict and psychopath. Clark waged this campaign for about six months. He also created a website that he used to publish stories about Jane, in which he repeated the claims of her drug use and accused her of spreading social diseases. Jane asked him to take down his accounts and to stop emailing her contacts, but he has refused. He argues that he has the right to free speech and that Jane has no right to censor him. Clark also has called Jane late at night at least once a week and left nasty messages on her voice mail. He also emailed her with photos of her getting into her car after work on several occasions.

Jane has lost close friends over the emails and her reputation at work is suffering. She fears she will not be considered for a raise this year because of the emails. She wants to sue Clark for damages and to get an injunction against him for future conduct. What damages and relief can she claim?

We will need to research the Florida statutory and case law on cyberstalking and injunctions against persons who commit cyberstalking. WE ALREADY HAVE THE LAW ON DEFAMATION AND OTHER TORTS. DO NOT ADDRESS THE LAW ON DEFAMATION (LIBEL OR SLANDER) OR OTHER TORTS EXCEPT FOR CYBERSTALKING. THIS CASE WILL BE A CIVIL, TORT ACTION, NOT A CRIMINAL PROSECUTION.

5 pages