SEMINOLE COUNTY, Fla.— Joel Greenberg’s attorneys are arguing two federal charges filed against Seminole County’s former tax collector must be dropped because of constitutional protections on free speech.
According to an indictment, Greenberg is responsible for social media accounts that falsely alleged his former political foe — a school employee — had sex with a student.
Federal prosecutors also allege he was behind an “imposter Twitter account” using the foe’s name and image without that person’s knowledge or approval.
“Modern political advertising is certainly protected by the Constitution,” his attorneys wrote.
Greenberg is not admitting to any of the allegations, his attorneys noted. His attorneys also didn’t address the other allegations against Greenberg, who resigned June 24 and has entered a not guilty plea.
“Mr. Greenberg served as an elected state constitutional officer and was running for re-election,” attorneys Mark L. Horwitz and Vincent A. Citro of Orlando said in a 25-page petition filed in Orlando federal court Monday. “The political opponent voluntarily entered the race against Mr. Greenberg, therefore was subject to criticism as a matter of public concern.”
Greenberg is no longer a candidate.
The U.S. Attorney's Office for the Middle District of Florida announced two charges against Greenberg on June 23.
He was initially indicted by a federal grand jury on charges of stalking and unlawful use of a means of identification of another person.
Those are the two his attorneys want dropped. The stalking charge “violates the Free Speech Clause of the First Amendment because it is overbroad and implicates a broad range of otherwise constitutionally protected speech,’’ his attorneys wrote.
The other charge “cannot stand” without the stalking charge, so it should also be dropped, his attorneys argued.
“The indictment charges Mr. Greenberg with intent to harass and cause substantial emotional distress,” his attorneys said. “The criminalization of speech intended to ‘cause substantial emotional distress’ and ‘harass’ a political opponent are unconstitutionally overbroad and do not comport with the protections guaranteed by the First Amendment.
Federal prosecutors added four more charges on July 15. According to the inductment filed on that date, Greenberg allegedly used old driver’s licenses that should have been shredded to create false IDs with his photo and someone else’s personal information.