Litigation

Court of Appeal Strikes Blow For Social Networking

By Bruce Nye

    Unlike the United States Constitution, with its various "penumbras," the California Constitution has an explicit right of privacy (also unlike the US Constitution, the Cal Constitution has been amended more than 435 times, but that is for another discussion). 

    And California recognizes a tort cause of action for violation of the right to privacy.  That's Shulman v. Group W Productions, Inc. (1998) 18 Cal.4th 200.

    But guess what?  When you post an "Ode" to your home town on your My Space page, and it's really a rant about all the reasons your home town is a terrible, terrible place, and just before you think better of it and take the post down somebody copies and pastes it into the letters to the editor section of the local newspaper, and as a result, all the neighbors make your parents' lives a living hell so they have to move out and Dad has to sell his business?  Not a case of violation of the right to privacy.  You know why not?  'Cuz My Space pages aren't private.  Moreno v. Hanford Sentinel, Inc. (April 2, 2009) , ___Cal.App.4th  ___ (No. F054138).

    Uhmm, couldn't we have figured that out for ourselves?  Just saying . . . .

Full post as published by CalBizLit on April 06, 2009 (boomark / email).