ILNews

Justices: MySpace use not harassment

Michael W. Hoskins
January 1, 2008
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A teenager's use of the social networking site MySpace.com didn't rise to the level of harassment because her expletive-laden postings criticizing her principal about school policy weren't available to everyone online, the Indiana Supreme Court has ruled.

In a unanimous ruling late Tuesday afternoon, the state's five justices agreed to reverse a lower court's decision in A.B. v. State of Indiana, No. 67S01-0709-JV-373.

While the case presented justices with a chance to explore free speech rights as they pertain to online activity in the 21st century - largely whether online postings at a social networking site are considered protected speech - the court sidestepped that underlying issue by the fact that the MySpace.com site used in this case wasn't completely open to public viewing.

The case stems from a February 2006 incident involving Greencastle Middle School and its principal, Shawn Gobert. He discovered a MySpace page online supposedly created by him, but since it was set to "private" and only designated "friends" could see or post comments, Gobert obtained another student's information and was able to log on to read the posts.

A 14-year-old referred to in court documents as A.B. hadn't created the page, but she'd posted derogatory comments online concerning the school's policy on body piercing. Another post read, "die ... Gobert ... die." She also created a separate publicly accessible page on MySpace with a profane name.

The state filed a delinquency petition and alleged the juvenile's acts would have amounted to harassment, identity deception, and identity theft, if committed by an adult. Most charges were dropped, but the juvenile court determined A.B. was a delinquent child and placed her on nine months of probation, ruling that the comments alone were obscene.

In April 2007, the Indiana Court of Appeals ordered the lower court to set aside its penalty against A.B. because it said Putnam Circuit Judge Matthew Headley's decision had violated the girl's free-speech rights. The Supreme Court disagreed with that rationale and instead overruled the trial court because it found the state had failed to prove that the girl's post constituted harassment.

Analyzing the difference between "public" and "private" pages on MySpace, the court determined that the postings on this "private" page were not intended to be viewed by Gobert. Another posting on a public "group" page, though, indicates A.B.'s "legitimate communication of her anger and criticism of the disciplinary action of Mr. Gobert and the Greencastle Middle School against her friend, the creator of the private profile," the opinion stated. The court determined that it also made the state unable to prove its case that her posting included an "intent to harass, annoy, or alarm another person but with no intent of legitimate communication," as required by statute.

"We also observe that it is even more plausible that A.B., then 14-years-old, merely intended to amuse and gain approval or notoriety from her friends, and/or to generally vent anger for her personal grievances," Justice Brent Dickson wrote. "We find no evidence or reasonable inferences sufficient to prove A.B., in making the MySpace statements with which she was charged, did so with the requisite statutory intent."

An interesting element of the ruling also included a comment at the beginning that pointed out how little evidence was presented about the operation and use of MySpace.com. The court noted that a judicial canon prohibits judges from independently investigating facts of a case and requires them to only look at the evidence presented.

"Notwithstanding this directive, in order to facilitate understanding of the facts and application of relevant legal principles, this opinion includes information regarding the operation and use of MySpace from identified sources outside the trial record of this case," Justice Dickson wrote.

The case then cites information from the site itself, last visited on March 31.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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