Anthony Morelli, a 42-year-old divorced father in Pennsylvania embroiled in a bitter custody battle with his former wife, has authored a now-famous blog to badmouth the mother of his children: thepsychoexwife.com. That was before a family court judge told Morelli to take down the four-year-old site this summer. That decision has pleased Morelli’s critics (and his ex-wife), and a lot of media commentators have wondered why Morelli needed a court order in the first place to tell him to do something that seems fairly obviously in the best interests of his children. The problem, though, is that requiring him to shutter thepsychoexwife.com is likely unconstitutional, violating Morelli’s First Amendment right to free speech.
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