
“The district court correctly concluded — after considering their content, form and context — that Fleury’s messages address purely private matters,” said the opinion, written by appellate Judge Charles Wilson and joined by Judges Robin Rosenbaum and Frank Hull. “Of course, the MSD (Marjory Stoneman Douglas) shooting itself is a matter of public concern that kick-started a debate on multiple political and social issues, including mental health, gun control and school safety. However, Fleury’s messages did not address any of these topics, attempt to engage in a dialogue concerning these issues or provide any other relevant information. Instead, as the district court noted, the messages threatened and intimidated the victims by gloating over the death of their loved ones and ‘focused only on exacerbating the victims’ grief — a purely private matter.’”