Top court: Social media posts violate no-contact order
Attorneys News
Social media posts can represent a violation of a protection order, the state's highest court ruled on Tuesday, affirming the conviction of a man who made threats on Facebook.
The Maine Supreme Judicial Court rejected Richard Heffron III's arguments that his Facebook comments were a protected form of speech, that the posts didn't constitute direct or indirect contact, and that he wasn't told that his posts represented a violation.
In its ruling, the court concluded Heffron's social media comments violated the court-approved no-contact order and were outside the realm of constitutional protections.
"The court correctly determined that Heffron's communications with the protected person fell short of those that deserve constitutional protection," Justice Jeffrey Hjelm wrote, noting that the conviction "did not place his First Amendment rights at risk."
Heffron and the woman with whom he'd had a relationship were no longer Facebook friends but still had friends in common. In the posts, Heffron referred to the woman by name and threatened to harm her. A friend brought the comments to the woman's attention.
James Mason, Heffron's attorney, said courts in other states have reached different conclusions but that the facts didn't perfectly align with the Maine case.
"Obviously I'm disappointed," Mason said. "I think that there was no evidence that he ever intended to have these comments reach her."
After being convicted, Heffron was ordered to serve 21 days in jail, which was the length of time he was jailed before posting bail. He also was sentenced to a year of probation.
Mason said the ruling served as a cautionary tale. "It lets people know that they do need to be careful about what they post on the internet," he said. "It makes it clear that you have limited First Amendment protections on the internet, especially on Facebook."
Related listings
-
Indonesia court upholds seizure of illegal fishing vessel
Attorneys News 10/27/2017Indonesia says it has won a two-year court battle that confirms the legality of the government's seizure of a Thai vessel linked to human trafficking and illegal fishing in Indonesian waters. Minister of Fisheries and Maritime Affairs Susi Pudjiastut...
-
Roman Polanski sex victim to appear in court for first time
Attorneys News 06/09/2017The victim of Roman Polanski's sex assault 40 years ago is going to appeal directly to a judge to end the long-running case against the fugitive director, his lawyer said Thursday. Samantha Geimer, 13 at the time of the crime, has long supported Pola...
-
Donnelly facing doubts from Indiana liberals over court vote
Attorneys News 04/04/2017A small protest by liberals outside Democratic Sen. Joe Donnelly's downtown Indianapolis office this week could signal trouble for his 2018 re-election hopes. Some of those who protested against Donnelly's decision to break with his party and to supp...
New York Commercial Litigation Law Firm - Woods Lonergan PLLC
Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.