First Amendment Rights in the Digital Age
Thursday, 07 May 2009 00:35

Internet portals have increasingly offered greater access and liberty to all people. With virtual communities, social networks and public forums, cyberspace is home to massive expressions in different forms:  texts, documents, pictures, sounds, videos, etc. Some will post messages and materials intended to threaten, harass, and intimidate another - particularly in the realm of a pending divorce action. 

For whatever reason some people have for doing this, according to Michigan law, a person shall not post a message on the internet or send emails if the person knows that the conduct causes the victim to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened, harassed, or molested. In fact, Michigan Law provides criminal penalties of felony for cyber-harassment and, depending on the age of the victim and aggravating circumstances, it could be either felony or misdemeanor for cyber-stalking. The State encourages victims to exercise their rights including but not limited to the following: notifying the police; getting an anti-stalking restraining order from the circuit court and filing civil lawsuit against the offender.  

If you are facing a pending Michigan divorce action, it is essential that any damaging material on the Internet be kept off the record. Since it can be nearly impossible to have material removed from the Internet, the best way to ensure your family law case is not harmed by this material is to work with your Michigan Family Law Lawyer to bring the necessary criminal action against the offending party.  

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Last Updated ( Thursday, 07 May 2009 00:43 )
 

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