Keyword: Text messaging

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 NEWS MEDIA UPDATE   U.S. Supreme Court · June 17, 2010 · Privacy

Justices say government employers can audit employee texts

The U.S. Supreme Court on Thursday ruled that a police department had the authority to search an officer's text messages that were sent using a department-issued pager.

Police Sergeant Jeff Quon could not reasonably "conclude that his messages were in all circumstances immune from scrutiny," wrote Justice Anthony M. Kennedy for the court. Though the court’s ruling was unanimous, two justices wrote separate opinions explaining their reasoning.

The case, City of Ontario v. Quon, drew the interest of media organizations, who feared that a decision upholding privacy interests in information on government communications systems would negatively affect access under open records law.

The case arose when the Ontario Police Department in California searched Quon’s text messages to determine why he was repeatedly exceeding the monthly text message limit. The department stated that it wanted to know whether the existing message limit was too low or whether it was being exceeded due to personal messages.

The search only covered messages Quon sent while he was on duty, but the review . . . [more]

Mara Zimmerman, 4:58 pm   ·   Comments: 0


 QUICKLINK   U.S. Supreme Court · April 20, 2010 · Freedom of information

Justices consider 'personal' texts sent on government devices

The U.S. Supreme Court heard arguments on Monday about whether government employers violated employees’ privacy rights by reading personal text messages sent from government-issued devices. The outcome of the case could have an impact on how public-records laws are interpreted.

The case began when the police department in Ontario, Calif., conducted an audit of employee text messages to see if its SWAT team officers were sending too many personal messages, The Associated Press . . . [more]

Miranda Fleschert, 6:05 pm   ·   Comments: 0


 QUICKLINK   California · December 14, 2009 · Privacy

Supreme Court to decide whether text messages are private

The Supreme Court announced Monday it will hear a case about whether employee text messages sent on employer-issued phones are private.

The case began when a police chief in Ontario, California, read sexually explicit text messages sent between officers. Though the city claims it told employees, including police officers, their electronic communications could be reviewed, four officers sued the police department, claiming the review violated their privacy rights.

The . . . [more]

Kirk Davis, 5:06 pm   ·   Comments: 0


 QUICKLINK   Colorado · July 13, 2009 · Freedom of information

Colorado police department denies request for electronic messages

A local Colorado police department has refused a television station's request for instant messages exchanged between officers, saying they do not constitute public records.

According to a memo sent to Westminster police employees, a random internal audit of the  department's internal electronic messaging system revealed that employees were sending messages containing derogatory or otherwise sexually offensive comments, sometimes about each other.

. . . [more]

Caitlin Dickson, 5:11 pm   ·   Comments: 0


 QUICKLINK   Michigan · July 2, 2009 · Internet regulation

Tweeting from the jury box soon to be banned in Michigan

Starting in September, Michigan jurors will no longer be allowed to send text messages, "tweet" or engage in other forms of electronic communication during trials.

The Michigan Supreme Court established the new rule Tuesday in an attempt to prevent distraction and outside information from influencing trial outcomes, according to the National Law Journal. The new rule requires that jurors be instructed ahead of time that electronic devices like Blackberrys and iPhones may not be used in the . . . [more]

Caitlin Dickson, 12:34 pm   ·   Comments: 0


 QUICKLINK   Michigan · March 12, 2009 · Privacy

Ex-Detroit mayor sues over released text messages

Former Detroit Mayor Kwame Kilpatrick, fresh off his stint in jail, is suing telecommunications company SkyTel for releasing his text messages, the AM Law Daily reports. The company reportedly claims it did so appropriately under court order.

Kilpatrick alleges in his lawsuit that SkyTel violated privacy laws, specifically the Stored Communications Act, in releasing text messages during a civil proceeding, according to the paper. . . . [more]

Kathleen Cullinan, 5:07 pm   ·   Comments: 0


 QUICKLINK   Michigan · March 5, 2009 · Freedom of information

Judge finds former Detroit mayor's text messages are public

Former Detroit Mayor Kwame Kilpatrick and his onetime chief of staff, Christine Beatty, have lost their bid to keep private un-redacted copies of hundreds of text messages they exchanged on city-owned equipment, the Detroit Free Press reports:

(Wayne County Circuit Judge Timothy) Kenny's ruling boils down to one thing: Kilpatrick and Beatty can't keep the messages secret because they are not their . . . [more]

Kathleen Cullinan, 5:45 pm   ·   Comments: 0


 QUICKLINK   Michigan · October 29, 2008 · Freedom of information

Former Detroit mayor sent to jail, city attorney cleared in handling of FOIA request

Former Detroit Mayor Kwame Kilpatrick went to jail this week, as part of a plea deal on two counts of obstruction of justice for lying under oath, while a city attorney was cleared for her part in the handling of an open records requested related to the mayoral scandal.

Kilpatrick's troubles . . . [more]

Hannah Bergman, 5:44 pm   ·   Comments: 0


 QUICKLINK   Michigan · September 26, 2008 · Freedom of information

Detroit policy considered e-mails public, city lawyer testifies

Key testimony about an electronic records policy has bolstered the case of two Detroit newspapers in their ongoing open-records lawsuit against the city, according to their attorneys.

The Detroit Free Press and the Detroit News are suing the city in an effort to get records related to the administration of former Mayor Kwame Kilpatrick and the affair he had with his onetime chief of staff, Christine Beatty.  The depositions have been going on for the last several days.

. . . [more]

Hannah Bergman, 5:29 pm   ·   Comments: 0


 QUICKLINK   Michigan · September 16, 2008 · Freedom of information

Detroit mayor invokes Fifth Amendment 82 times during Free Press deposition

Detroit Mayor Kwame Kilpatrick this morning used his Fifth Amendment right against self-incrimination 82 times to avoid answering deposition questions from a Detroit Free Press attorney.

The deposition was taken in the FOI lawsuit filed by the Free Press and the Detroit News, in which the newspapers are seeking more information . . . [more]

Cristina Abello, 5:51 pm   ·   Comments: 0


 QUICKLINK   Michigan · August 18, 2008 · Freedom of information

Det. newspapers want mayor to testify in FOIA case

Last month saw Detroit Mayor Kwame Kilpatrick trying to force Free Press and Detroit News reporters to testify in the newspapers' Freedom of Information lawsuit against him. 

Now, with a turn of the deposition tables, the two papers are pushing Kilpatrick to talk -- seems he's been unable to schedule time to sit down with the papers' lawyers in the midst of . . . [more]

Kathleen Cullinan, 3:51 pm   ·   Comments: 0


 QUICKLINK   Michigan · July 21, 2008 · Newsgathering

Detroit reporters won’t have to testify on text messages sources

A Wayne County judge ruled Thursday that the embattled Detroit mayor and his ex-chief of staff can't force reporters to reveal how they obtained the former couple's flirtatious text messages. 

Mayor Kwame Kilpatrick and Christine Beatty wanted to depose reporters from the Detroit Free Press and the Detroit News to discover who leaked the potentially incriminating text messages. Their lawyers sought the depositions . . . [more]

Virgie Townsend, 4:24 pm   ·   Comments: 0


 QUICKLINK   Michigan · July 11, 2008 · Reporter's privilege

Detroit papers fight depositions in mayor's text message scandal

Two Detroit newspapers are fighting indicted Mayor Kwame Kilpatrick's attempts to depose their reporters amid his ongoing legal woes.

Kilpatrick's team wants to question reporters from the Detroit Free Press and the Detroit News to figure out who leaked the salacious and potentially incriminating text messages that sparked his perjury case, The News reported. Lawyers for the papers filed a motion . . . [more]

Kathleen Cullinan, 12:32 pm   ·   Comments: 0


 QUICKLINK   Michigan · July 3, 2008 · State open government

Push-pull over secrecy continues in Detroit mayor text message scandal

Detroit Mayor Kwame Kilpatrick this week lost one round of the ongoing legal battle in his steamy text-message scandal, when a county judge agreed to unseal the transcript of a closed mid-May hearing in his criminal case.

But just as surely, Kilpatrick's attorney was expected back in court Thursday over new publicity concerns -- a defense bid to . . . [more]

Kathleen Cullinan, 2:55 pm   ·   Comments: 0


 QUICKLINK   Michigan · June 2, 2008 · State open government

Detroit mayor must release more e-mails, text messages, judge rules

Two local newspapers that have been covering the ongoing saga of Detroit Mayor Kwame Kilpatrick and his alleged relationship with his former chief of staff, Christine Beatty, may request hard-copies of email, text messages and other electronic communications between the two going back to last August, a Wayne County Circuit judge ruled Friday.

Judge Robert Columbo Jr. ruled months ago that the state Freedom of Information Act mandates the release of such communications by city officials . . . [more]

Scott Albright, 1:42 pm   ·   Comments: 0


 COMMENTARY   Michigan · May 21, 2008 · Secret courts

Enough with the secrecy already, Kwame

For the seemingly dozenth time in the last few months, yet another move toward secrecy by embattled Detroit Mayor Kwame Kilpatrick is making headlines. 

First it was the secret $8.4 million settlement with two former Detroit police officers who claimed they had information about Kilpatrick's alleged secret affair with former chief of staff Christine Beatty. Then it was the 14,000-some secret text messages exchanged between Kilpatrick and  Beatty on government-owned equipment that reportedly showed that he lied in court about an affair between the two of them. Next came last month's new policy that conveniently . . . [more]

Corinna Zarek, 3:32 pm   ·   Comments: 0


 NEWS MEDIA UPDATE   Michigan · May 20, 2008 · Freedom of information

Mayor issues new policy making text messages private

Embattled Detroit Mayor Kwame Kilpatrick revealed to city employees last week a policy, which he implemented last month, making private all text messages from publicly-funded devices. The policy, which took effect on April 15, will prevent the public from accessing messages and pages under the Freedom of Information Act.

In March, Kilpatrick was charged with perjury and other counts after sexually explicit text messages contradicted what he said under oath regarding an affair with former Chief of Staff Christine Beatty.

Kilpatrick was also charged with obstruction of justice and misconduct in office. The explicit text messages were included in documents that The Detroit Free Press received under the state’s public records law throughout its ongoing investigations of the mayor.

Dawn . . . [more]

Virgie Townsend, 2:49 pm   ·   Comments: 0


 QUICKLINK   Michigan · April 8, 2008 · Freedom of information

Detroit mayor's lawyer arranged secret agreement

An attorney testified during a city council inquiry today that embattled Detroit Mayor Kwame Kilpatrick’s lawyer acted to evade a public records request from the Detroit Free Press.

Mike Stefani, who represented three defendants in a whistle-blower case against the city, testified that Samuel McCargo, the mayor’s city-paid lawyer, requested a new deal days after the Freedom of Information Act . . . [more]

Alanna Malone, 3:46 pm   ·   Comments: 0


 QUICKLINK   Michigan · March 24, 2008 · State open government

Detroit mayor charged with perjury in text messaging flap

Detroit Mayor Kwame Kilpatrick today was charged with perjury and other counts after sexually explicit text messages contradicted what he said under oath regarding an affair with former Chief of Staff Christine Beatty.

Kilpatrick was also charged with obstruction of justice and misconduct in office. Beatty, who also testified under oath that she didn’t have any romantic relationship with the mayor, was charged with perjury and obstruction of justice as well. She has since . . . [more]

Amy Harder, 4:54 pm   ·   Comments: 0


 QUICKLINK   New Hampshire · March 7, 2008 · State open government

New Hampshire House approves Right-to-Know bill

The New Hampshire House sent the state Senate a bill on Wednesday aimed at balancing the public’s right to government access while still giving officials freedom as well.

Efforts to pass versions of the bill have been going back and forth for years. Two previous attempts have failed due to the discrepancy over what type of communication officials can have outside authorized meetings.

From past attempts, lawmakers have all agreed that in small towns with only three selectmen, . . . [more]

Alison Schmidt, 10:42 am   ·   Comments: 0


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