Balancing Free Speech and Privacy on Facebook
Can you be sued for talking badly about your ex-partner on Facebook?
My name is Carl Birkhead. I’m a Tulsa family law attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for eight years, and I want to help you make law easy by talking about what you should—and more importantly, what you should not—post on social media.
Balancing Free Speech and Privacy
This is a tricky question because you run into a couple of competing issues. On one hand, you have the First Amendment, which protects free speech. On the other hand, people also have rights—to privacy, to live without harassment, and to quiet enjoyment of their lives. Courts have to balance those competing interests.
Here’s what I tell my clients: if you’re going to vent online—don’t. Even if you can’t be sued for defamation, I’ve seen screenshots of posts used in court, and they never make my clients look good. Even if you’re not saying something blatantly defamatory, like calling your ex a drug addict or criminal, simple insults or rants can still hurt your case.
Real-World Consequences of Online Posts
For example, imagine you’re on the stand saying, “I want to encourage the relationship between my child and the other parent.” Then, the opposing attorney pulls out a Facebook post where you’re calling that parent every name in the book and saying you’d never let them see the child again. That completely undermines your credibility and can damage your case.
Even if what you’re saying is true, posting it on social media doesn’t help you. It only creates evidence that can be used against you. The safest rule of thumb is this: if you wouldn’t want it read aloud in a courtroom, don’t post it online.
Get Professional Advice to Safeguard Your Interests
My name is Carl Birkhead. I’m a Tulsa child custody attorney with Wirth Law Office, and I want to help you make law easy.
Schedule Your Initial Strategy Session Today
Considering the complexities involved in family law and the risks of sharing too much online, it’s crucial to get professional advice. Call us at 918-879-1681 for a low-cost initial strategy session. Let us help guide you through these challenging times.
