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Two Florida dentists filed a motion for a temporary injunction to shut down a Web site that was critical of them and a Florida Department of Health''s review of their patient''s complaints, but a South Florida court ruled last week that they have to pay attorney fees.
The suit was filed in November 2004, and the two dentists – Palm Beach dentist Richard Kaplan and Lantana dentist Leonard Tolley – were trying to prevent an Internet site created by a former patient, Elaine Prentice, from warning the public about treatment she received from the dentists and the way the Florida Department of Health and its hired expert handled her complaint regarding the dentists.
Attorney Paul Levy from watchdog group Public Citizen represented Prentice. In a brief, Levy argued Florida law does not forbid citizens from complaining publicly about their dentists or a state agency''s failures. Levy said Prentice had a First Amendment right to create the website - www.dentalfraudinflorida.com.
Three days before the case was to be heard, the dentists dropped the lawsuit, and in an order issued Oct. 20, Palm Beach Circuit Judge Edward Fine awarded Prentice attorneys fees, saying the dentists and their lawyers “knew or should have known that their claim was not supported by material facts necessary to establish a claim.”
Calling the case an “outrageous attempt at censorship,” Levy said Prentice should not have to lose money. Public Citizen issued a press release saying the ruling sends a strong message that businesses cannot silence online critics simply because they do not like their message.