From Thursday's Appellate Court of Illinois decision in Pokorny v. DeBolt, written by Justice Joseph Birkett and joined by Justices Susan Hutchinson and Donald Hudson:
A plenary order of protection barring respondent from disseminating on social media any information identifying petitioner in any way, was improper. The petitioner failed to meet her burden to show that the first amendment did not protect respondent's communications that were the basis for the order.
Respondent, Lori W. DeBolt, appeals a judgment issuing a plenary order of protection under the Stalking No Contact Order Act … and an injunction in favor of petitioner, Amber Pokorny, and her daughters, A. Z. and A.V….
[P]etitioner listed the following seven writings as justifying the requested order. On June 28, 2020, respondent "post[ed]" that she was praying for "Billy," who had not seen his daughter for a year. On July 4, 2020, respondent posted on Facebook that petitioner had alienated the father of A.Z. and had abducted A.V. and taken her out of state. She also went into detail about a "claimed Rape." On July 7, 2020, respondent posted on Facebook that petitioner repeatedly lied to alienate her daughters from their fathers.
