Tweets, Terroristic Threats and “True Threats” – Susan Brenner

8 03 2015

AutothermosFor reasons we will get to in a moment, the State of Missouri charged Robert Metzinger with “making a terroristic threat under [Missouri Revised Statutes] § 574.115(4).”  State v. Metzinger, 2015 WL 790463 (Missouri Court of Appeals 2015). Section 574.115(4) makes it a “class A misdemeanor” to Read the rest of this entry »





United States: The Company Computer System, the Employee and Email Privacy – Susan Brenner

1 02 2015

Ctappeald4d3This post examines an opinion the California Court of Appeals for the Second District recently issued in a civil case:  American International Group, Inc. v. Superior Court, 2014 WL 7463887 [doc]. The court begins by explaining how the case arose and what it involved: It began with “American International Group, Inc., and International Lease Finance Corporation” (collectively ILFC) suing Read the rest of this entry »





United States: Defamation, Facebook and the Seventh-Graders – Susan Brenner

25 10 2014

SWW-classroom1This post examines a recent opinion which the Court of Appeals of Georgia issued in a civil case: Boston v. Athearn, 2014 WL 5068649 (2013). This was a case in which Alexandria Boston (`Alex’), a minor, through her parents Amy and Christopher Boston, brought an action againt Dustin Athearn (‘Dustin’), a minor, his parents, Sandra and Michael Athearn, and other defendants. Read the rest of this entry »





False Light, the Ripoff Report and Defragmentation – Susan Brenner

30 07 2014

36th_Street_exit_Grand_Rapids_I-96This post examines a recent opinion from the Michigan Court of AppealsRooks v. Krzewski, 2014 WL 1351353 (2014). Joseph Krzewski appealed when, after a bench trial, a udge held he “portrayed” the two plaintiffs, Jonathan Rooks and Bradley Guizinga, “in a false light.” Rooks v. Krzewski, supra.  The judge ordered Krzewski to “remove the false statements about [them] from the Internet and enjoined him from republishing any of the false statements.” Rooks v. Krzewski, supra.  (For more on false light, check out this post.) Read the rest of this entry »





United States: Facebook, Cyberbullying and the First Amendment – Susan Brenner

27 07 2014

BulliesA “15-year-old high school student” who was “prosecuted for ‘cyberbullying’ under a local law enacted by the Albany County Legislature” pleaded guilty to one count of cyberbullying and then challenged his conviction on appeal.  People v. Marquan M., 2014 WL 2931482 (Court of Appeals of New York 2014).  In his appeal, Marquan M. claimed the statute violated the  First Amendment. People v. Marquan M., supra. Read the rest of this entry »