United States:
The Right To Tweet In A Custody Case
20 December 2013
Fox Rothschild LLP
To print this article, all you need is to be registered or login on Mondaq.com.
The Arizona Court of Appeals issued an opinion in the custody case of Steve Nash, the
point guard for the Los Angeles Lakers. The opinion upheld
the trial court's decision, which prohibited either party from
disparaging the other on social media. The issue arose
initially when Nash's ex-wife tweeted some disparaging comments
about Nash. Nash's ex appealed the trial court's
decision, claiming that it infringed upon her First Amendment
rights.
The Court of Appeals, in upholding the trial court's
prohibition of disparaging comments, relied heavily on the fact
that the parties had reached an agreement in their custody matter
that contained language forbidding either party from speaking
poorly about the other. In doing so, the Court found that the
parties had agreed to restrictions on their rights to free
speech.
Unfortunately, while this case provides some guidance, because
of the narrow ruling which relied on the parties' agreement, it
doesn't answer the question of whether one parent can be
prohibited from expressing his or her negative views about the
other parent.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Family and Matrimonial from United States
An Executors Guide To Compensation
Morrison & Foerster LLP
Navigating the complexities of estate administration can be a daunting task, often requiring a significant investment of time and effort. In Alberta, the role of an Executor or Administrator of an Estate...
Basics Of Child Support
McLane Middleton, Professional Association
In New Hampshire the presumption is that the amount of child support calculated under the guidelines is accurate. However, this presumption is rebuttable.
Child Custody Basics In Texas
Cowles & Thompson, PC
For parents considering divorce or separation, the impact on the children is of paramount importance. Custody issues can be complex and difficult to navigate.
How To Avoid Probate
Nyemaster Goode
When probate is required, the process can be expensive and time-consuming. To avoid probate court, with all its complications, consider these factors.
Estate Planning For Copyrights
Moritt, Hock & Hamroff LLP
In the 21st century, the term artist encompasses many different mediums from literary works and paintings to music, apps, audiovisual and architecture.