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Home > Martin v. Langlois

Martin v. Langlois [1]

Submitted by DMLP Staff on Thu, 07/30/2009 - 14:07

Summary

Threat Type: 

Lawsuit

Date: 

06/01/2009

Status: 

Concluded

Disposition: 

Injunction Issued
Withdrawn

Location: 

Rhode Island

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Harassment
Michelle Langlois, whose brother is embroiled in a pending child custody case with his ex-wife, posted information and commentary about her brother's case to her Facebook account.  Tracey Martin, the ex-wife, filed a "domestic abuse" petition in Kent County Family Court against Langlois, claiming... read full description
Parties

Party Receiving Legal Threat: 

Michelle Langlois

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • Rhode Island

Location of Party: 

  • Rhode Island

Legal Counsel: 

H. Jefferson Melish - Rhode Island ACLU
Description

Michelle Langlois, whose brother is embroiled in a pending child custody case with his ex-wife, posted information and commentary about her brother's case to her Facebook account.  Tracey Martin, the ex-wife, filed a "domestic abuse" petition in Kent County Family Court against Langlois, claiming that her posts constituted "harassment" and a "mental assault" on Martin and her children. 

Family Court Judge Michael Forte, who presided over Martin's petition, issued an order [2] restraining Langlois from "posting details about the children and the pending Family Court proceedings on the Internet. [3]"  After this order was issued, the Rhode Island ACLU intervened [4] in the case on Langlois' behalf.   The ACLU filed a motion to dismiss, arguing that the court's order was an unconstitutional violation of Langlois' First Amendment rights, and that the Family Court had no jurisdiction to issue the order. 

On July 28, 2009, a day before the court was scheduled to hold a hearing on the motion, Martin voluntarily dismissed her complaint [5].  This had the effect of rescinding the court's initial restraining order.

Related Links: 

  • Newsroom Law Blog: Rhode Island Court Bars Woman From Publishing Details About Open Court Proceeding [2]
  • Newsroom Law Blog: Update to Rhode Island Gag Order [6]
  • Rhode Island ACLU: ACLU Challenges Family Court Order Restricting Free Speech Rights on the Internet [4]
  • Rhode Island ACLU: Family Court Order Restricting Free Speech Rights on the Internet is Dismissed [5]
  • Providence Journal: Order Barring Online Activity Dismissed [7] (scroll down)
Details

Web Site(s) Involved: 

Facebook.com [8]

Content Type: 

  • Text

Publication Medium: 

Social Network

Subject Area: 

  • Free Speech
  • Prior Restraints
Court Information & Documents

Jurisdiction: 

  • Rhode Island

Source of Law: 

  • Rhode Island

Court Name: 

Rhode Island Family Court, Kent County

Court Type: 

State
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

07/29/2009 - LB editing 

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/martin-v-langlois

Links
[1] https://www.dmlp.org/threats/martin-v-langlois
[2] http://www.newsroomlawblog.com/2009/07/articles/prior-restraints/rhode-island-court-bars-woman-from-publishing-details-about-open-court-proceeding/
[3] http://volokh.com/posts/1248736577.shtml
[4] http://www.riaclu.org/News/Releases/20090722.htm
[5] http://www.riaclu.org/News/Releases/20090729.htm
[6] http://www.newsroomlawblog.com/2009/07/articles/prior-restraints/update-to-rhode-island-gag-order/
[7] http://www.projo.com/news/content/news_digest_29_07-29-09_1VF785J_v12.35418e4.html
[8] http://www.facebook.com