COM 440
Case Write-Up
Invasion Of Privacy
In 2012, Janis E. Roberts sued her former employer (CareFlite) for what she reasoned was an invasion of privacy by intrusion upon seclusion. CareFlite argues that Roberts was terminated for what they deemed as “unprofessional and insubordinate” (Janis E. Roberts v. CareFlite) activity posted on her Facebook. Roberts was working as a paramedic and she posted a comment on her coworker Schoenhardt’s page claiming that she “wanted to slap the patient” (Janis E. Roberts v. CareFlite) who was deemed to require restraining. An officer from Careflite noticed the post and sent Roberts a message regarding the fact that the public can see her post and encouraged Roberts to delete it. Roberts …show more content…
Roberts v. CareFlite). In conjunction to this legal crux, the court has to examine if Roberts has a reasonable expectation of privacy on Facebook, even if it is an online space, because the justification and evidence provided for her termination came from Roberts’s Facebook usage. Pember writes in “Mass Media Law” that one of the three basic conception of privacy is privacy of space, which states, “the people possess a geographical or physical zone of privacy into which others may not intrude or trespass” (Pember 250). Privacy of space usually takes into consideration an individual’s physical zone of privacy. This leads to the question of whether or not Facebook can be considered a “physical zone of …show more content…
Due to this fact, CareFlite did not intrude upon Roberts’s right to privacy in using her post and messages as grounds for her termination. Also, a reasonable person under the same situation understands that any information posted on the Internet has a risk to being exposed by another person and therefore would not find the termination as highly offensive.
Works Cited
Janis E. Roberts v. CareFlite. Court of Appeals of Texas, Waco., No. 02-12-00105-CV.
11 Oct. 2012.
Kindelan, Katie. Editorial. Idaho High School Coach Fired for 'Immoral' Facebook
Photo n.d.: n. pag. ABC News. 7 Nov. 2013. Web. 21 Nov. 2015.
Pember, Don R. “Libel: Proof of Fault.” Mass Media Law. 19th ed. Dubuque, IA: W.C.
Brown, 1977. 250-279. Print.
Reporter, Daily Mail. "Teacher Sacked for Posting Picture of Herself Holding Glass of
Wine and Mug of Beer on Facebook Read More: DailyMail on Facebook." Mail Online. Associated Newspapers, n.d. Web. 20 Nov. 2015.
"Standards of Care and the "Reasonable Person"" FindLaw. N.p., n.d. Web. 19 Nov.
2015.
U.S. v. Charbonneau, 979 F. Supp. 1177. Dist. Court, SD Ohio.