Judge finds no ‘irreparable harm’ as free speech case moves forward

A state judge has denied a New Jersey man’s request for a preliminary injunction that would have forced a local mayor to unblock him on Facebook after a series of online disagreements.

Bergen County Superior Court Judge John O’Dwyer ruled March 16 that Montvale Mayor Mike Ghassali had done no irreparable harm to the plaintiff, Howard Fredrics, of Park Ridge, by booting him from the account, according to court documents.

Fredrics, an award-winning composer, sound designer, and audio engineer, who also runs Park Ridge’s local public access TV station, has accused Ghassali of violating the First Amendment by deleting his comments and banning him from his official page.

But the judge wrote that Fredrics, who has been banned for about a year, has not demonstrated that he was unable to access, post on, or exercise his right to free speech on the borough’s official page.

“The court must find clear and convincing evidence that an injunction is warranted under these standards,” O’Dwyer wrote. “In the within matter, Plaintiff has failed to demonstrate irreparable harm.”

Fredrics, who called Ghassali’s initial move disappointing, wants a court order demanding that the mayor unblock him. And he wants to prevent the mayor from blocking critics in the future.

Ghassali said Friday that he could not comment because he had seen the court order but not the original lawsuit.

“I have not been served yet,” the mayor said.

Meanwhile, Fredrics’ attorney, Kathleen Redpath-Perez, said in a statement that she was “currently evaluating all available procedural options in light of the Court’s ruling.”

“In the meantime, we will continue to move forward with discovery and a full adjudication of the case on the merits,” she said.