Daniel went onto an Internet message board and found that his ...

[NClaborn]

Daniel went onto an Internet message board and found that his ex-wife, Faye, had posted a message calling him a fat, insensitive jerk who only cared about watching sports on TV. Does Daniel have any protection against Faye making such statements to a potentially large number of readers, some of whom may know Daniel and some of whom may not?

Question 2

Stuart is vying for a promotion, but faces competition from a co-worker, Brenda. Without authorization, Stuart accesses stored company records and discovers an unfavorable e-mail message Brenda had written about the company. Stuart sends the message to his supervisor in hopes of keeping Brenda from getting the promotion. Discuss whether Stuart has violated any statute and, if so, what sanctions he may face.

[kescobar@64]

Answer to Question 1

Faye's postings have First Amendment protection of free speech, as long as Fay does not commit defamation. Courts have tended to find that such statements are opinion, not fact, and therefore are protected speech. The fact that a statement may be offensive is not reason enough to suppress it.

Answer to Question 2

Stuart violated the Electronic Communications Privacy Act. This is a federal statute prohibiting unauthorized interception or disclosure of wire and electronic communications or unauthorized access to stored communications. The Act applies to electronic communication from email, cell phones, and social media. Stuart may be subject to both criminal and civil penalties for violating the Act.

[NClaborn]

TYSM

[ktidd]

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