Michael Zwebner regularly sues critics and people remotely related to critics of his penny-stock corporation, UCSY, which has a track record easy to criticize (Feb. 17). He claims in a press release to have persuaded a Florida state court to enter a constitutionally suspect order:
Defendants, Dembovich and Villasenor … are forever barred from making, stating, mentioning, posting on the Internet anything which included the words “UNIVERSAL COMMUNICATIONS SYSTEMS, INC.” and “Airwater Corp.” “UCSY” or “Michael Zwebner” or any derivations thereof.
The defendants are further ordered to remove and cause to be removed from all web sites and any all references caused to be posted by them under the above and any other alias all postings which reference either Plaintiff and/or Plaintiffs’s President Michael Zwebner.
The purported order (which, in the press release, misspells “tortious”) also purports to bar third parties from “publishing” these posts (and arguably extends to linking to the posts) so it will probably be struck down as soon as Zwebner goes after a deep-pockets defendant (like, say, Google) that defends itself. (Universal Communications Sys. Inc. v. Dembovich, No. 2004-27383-CA-01 (Miami-Dade Cty., Fla.)). Where’s the SEC in all of this?
Amazingly, I see that the federal District of Oregon has agreed to enter a stipulated injunction barring another Internet poster from ever mentioning Zwebner in any context, true or otherwise. Related story: Polly Sprenger, “Dirty Laundry Airs on Stock Site”, Wired.com, Dec. 11, 1998.
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