Re: Jilted exboyfriend's billboard free speech or invasion of privacy?

The sign supposedly says:

The sign on Alamogordo's main thoroughfare shows 35-year-old Greg Fultz holding the outline of an infant. The text reads, "This Would Have Been A Picture Of My 2-Month Old Baby If The Mother Had Decided To Not KILL Our Child!"

First, it never say abortion, so if anything he could by accusing her of murder.

But it also does not say her name either, just "the mother" so her privacy may not be breached after all.  Only he appears, not her.  I guess if this is a small town, maybe everyone knows who she is though.

Is it a HIPPA violation if no medical information was breached?

I am very slightly sympathetic in principle to the guy, after all the law tells him she can indeed kill his unborn child and not only does he not have a say in it, she has no legal obligation to even tell him she was pregnant and aborted.  He has no rights, so some frustration is understandable. 

I went through something similar, my ex wife threatened to abort our second son when she was pissed at me.  She didn’t, but it did make the point to me how helpless men are in regards to their children in some respects.

Whether she aborted or had a miscarriage is a complicated issue.  I know a young girl who told her family she miscarried but confided in me she aborted to avoid stigma. 



-----Original Message-----
From: [email protected] [mailto:[email protected]] On Behalf Of Mike Findlay
Sent: Tuesday, June 07, 2011 10:00 AM
To: DADL (off topic)
Subject: Re: [DADL-OT] Jilted exboyfriend's billboard free speech or invasion of privacy?

I wonder if that might be a HIPPA violation?  He probably has an out from that since he isn't a health care provider/business and didn't get the information that way.  


But unless she is a public figure, (no indication she is), she has a civil claim for invasion of privacy.  And if you got it to a jury you'd probably get a decent damage award since emotional damages can be awarded.  The issue will be whether he is collectable - although if he has money to put up a billboard there might be something.


Mike F.  




________________________________
From: Johne Cook <[email protected]>
To: DADL (off topic) <[email protected]>
Sent: Tue, June 7, 2011 11:39:55 AM
Subject: [DADL-OT] Jilted exboyfriend's billboard free speech or invasion of privacy?

Jilted ex-boyfriend puts up abortion billboard[image: AP]<http://www.ap.org/> AP – Tue, Jun 7, 2011

http://beta.news.yahoo.com/jilted-ex-boyfriend-puts-abortion-billboard-194142831.html


ALAMOGORDO, N.M. (AP) — A New Mexico man's decision to lash out with a billboard ad saying his ex-girlfriend had an abortion against his wishes has touched off a legal debate over free speech and privacy rights.

The sign on Alamogordo's main thoroughfare shows 35-year-old Greg Fultz holding the outline of an infant. The text reads, "This Would Have Been A Picture Of My 2-Month Old Baby If The Mother Had Decided To Not KILL Our Child!"

Fultz's ex-girlfriend has taken him to court for harassment and violation of privacy. A domestic court official has recommended the billboard be removed.

But Fultz's attorney argues the order violates his client's free speech rights.

"As distasteful and offensive as the sign may be to some, for over 200 years in this country the First Amendment protects distasteful and offensive speech," Todd Holmes said.

The woman's friends say she had a miscarriage, not an abortion, according to a report in the Albuquerque Journal.

Holmes disputes that, saying his case is based on the accuracy of his client's statement.

"My argument is: What Fultz said is the truth," Holmes said.

The woman's lawyer said she had not discussed the pregnancy with her client.
But for Ellen Jessen, whether her client had a miscarriage or an abortion is not the point. The central issue is her client's privacy and the fact that the billboard has caused severe emotional distress, Jessen said.

"Her private life is not a matter of public interest," she told the Alamogordo Daily News.

Jessen says her client's ex-boyfriend has crossed the line.

"Nobody is stopping him from talking about father's rights. ... but a person can't invade someone's private life."

For his part, Holmes invoked the U.S. Supreme Court decision from earlier this year concerning the Westboro Baptist Church, which is known for its anti-gay protests at military funerals and other high-profile events. He believes the high court's decision to allow the protests, as hurtful as they are, is grounds for his client to put up the abortion billboard.

"Very unpopular offensive speech," he told the Alamogordo Daily News. "The Supreme Court, in an 8 to 1 decision, said that is protected speech."

Holmes says he is going to fight the order to remove the billboard through a District Court appeal.


Johne Cook
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