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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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