https://blog.ericgoldman.org/archives/2014/08/conviction-for-posting-pages-from-teenagers-diary-via-mail-and-facebook-partially-reversed.htm Mon, 11 Aug 2014 21:48:00 +0000 hourly 1 https://blog.ericgoldman.org/archives/2014/08/conviction-for-posting-pages-from-teenagers-diary-via-mail-and-facebook-partially-reversed.htm#comment-969 Mon, 11 Aug 2014 21:48:00 +0000 http://blog.ericgoldman.org/?p=12839#comment-969 Except in this case there wasn’t public disclosure. The facebook page was private as the trial record shows. And we would have argued they were not private facts because 1. Meagan shared the letter with her friends 2. According to witnesses and her own letter a lot of teens saw her do the actions that were written about on the private facebook page. Which makes for an interesting legal argument. Is it illegal to talk about something other people witnessed?

]]> https://blog.ericgoldman.org/archives/2014/08/conviction-for-posting-pages-from-teenagers-diary-via-mail-and-facebook-partially-reversed.htm#comment-968 Mon, 11 Aug 2014 19:30:00 +0000 http://blog.ericgoldman.org/?p=12839#comment-968 I agree that the increasing frequency of anti-harassment laws are very concerning. I don’t think there is much of a way to limit these kinds of laws (you can’t intend to annoy someone . . . really?) enough to survive 1st Amendment scrutiny. These types of cases seem ideally suited for civil cases. Most of these would fall under public disclosure of private facts, intentional infliction of emotional distress, etc.

]]>