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Apologise on Facebook or go to jail,[link widoczny dla zalogowanych]
Mark Byron of Cincinnati is making the apology to prevent 60 days in jail,[link widoczny dla zalogowanych], but he intends to appeal the domestic relations court ruling. Byron and free speech and media experts say it will concern other users of the social media site.
With vast sums of people using Facebook for communication, Byron said "if they are able to do this to me, they are able to do it to others".
The idea "that anybody could let you know things to tell your friends on Facebook ought to be scary to people", said Cincinnati lawyer Jill Meyer,[link widoczny dla zalogowanych], who specialises in free speech and media issues.
The ruling is extremely unusual and "troubling since it is a court telling anyone to say something to - in some regards - his chosen number of friends",[link widoczny dla zalogowanych], said Meyer. She noted that the comments were not forwarded to Byron's wife, Elizabeth Byron,[link widoczny dla zalogowanych], who was blocked from accessing the page.
According to the ruling, Byron posted comments on his page in November, saying in part: "If you're an evil, vindictive woman who wants to ruin your husband's life and take your son's father from him completely - all you need to do is say you're scared of your husband or domestic partner and they'll take him away."
The Byrons take part in ongoing divorce and child custody proceedings,[link widoczny dla zalogowanych]. Byron has said his wife and the court have prevented him from seeing his 17-month-old son often. The court maintains he is permitted to see him on the twice-weekly basis,[link widoczny dla zalogowanych].
Domestic Relations Magistrate Paul Meyers last month found Byron in contempt of the protective order over his Facebook comments. Meyers said that Byron could avoid a 60-day jail sentence and a $500 fine by posting the apology - written by Meyers - to his wife and every one of his Facebook friends and paying her lawyer's fees.
The June court order prohibited Byron from causing his wife physical or mental abuse, harassment or annoyance. She asked in December that he be located in contempt after learning of the Facebook comments.
Byron's comments expressed frustration, but they were not threats and he didn't make them to his wife, said Cincinnati lawyer Jack Greiner, who also specialises in free speech and media issues.
Greiner said he doesn't think the First Amendment "allows a court to find that someone has harassed or caused a person to suffer mental abuse merely by expressing one's opinion in regards to a court proceeding in a non-threatening way",[link widoczny dla zalogowanych].
Greiner said that a court compelling speech via a court-written apology raises as many free speech concerns as actions prohibiting free speech,[link widoczny dla zalogowanych].
The statement that Byron says he has been posting since February 13 has him apologising to his wife for "casting her within an unfavourable light" and to his Facebook friends for "attempting to mislead them". Byron said he is being forced to make statements that are false.
The magistrate's assistant said on Friday that Meyers cannot discuss pending court cases. Elizabeth Byron's lawyer did not immediately return calls.
The ruling found that a number of Mark Byron's comments were "clearly supposed to have been mentally abusive, harassing and annoying" to his wife and "generate a negative and venomous response to her from his Facebook friends".
Responses by Facebook friends to his posting caused Elizabeth Byron to be "afraid and concerned", based on court documents.
Byron and his lawyer,[link widoczny dla zalogowanych], Becky Ford, say he earned his comments from frustration and never expected his wife to see them since she couldn't access his account.
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