This archive report was first published on 10 May 2020.
On May 7, 2020, the Massachusetts Supreme Judicial Court made a landmark ruling in the case of Shak v. Shak, striking down a probate court order that prohibited a father from posting disparaging remarks about his ex-wife on social media.
The ruling, written by Justice Kimberly S. Budd, found that the order was unconstitutional because it restricted the father's freedom of speech.
According to the court, the state's interest in protecting children from the emotional harm caused by their parents' online behavior was not sufficient to justify restricting the father's speech.
The court noted that one spouse, if offended by the other's speech, has the option of suing for defamation or seeking a harassment prevention order.
The ruling has significant implications for parents going through a divorce, as it establishes that they have the right to express themselves on social media, even if it means posting negative comments about their ex-partner.
As one attorney noted, the ruling will likely lead to more parents seeking voluntary nondisparagement agreements, rather than relying on judicial orders to control their online behavior.
