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. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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