A.B. v. State

885 N.E.2d 1223 (2008)

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A.B. v. State

Indiana Supreme Court
885 N.E.2d 1223 (2008)

  • Written by Sharon Feldman, JD

Facts

MySpace was a social-networking site on which members created profiles and posted photos, music, and videos. MySpace users could make their profiles public or private. People with common interests could join public or private group pages. Shawn Gobert was the principal of the school attended by 14-year-old A.B. (defendant). After A.B. transferred, Gobert learned that a private profile with his name had been created on a MySpace webpage and A.B. had posted a tirade laced with expletives apparently about a school policy regarding piercings. A.B.’s posting could be seen only by persons accepted as “friends” by the profile’s creator. Gobert saw the posting during his investigation after the student who created the profile gave him access. A.B. created a publicly accessible MySpace group page titled with an expletive directed at Gobert and the city’s schools and posted a communication about disciplinary action taken by Gobert against a friend. A.B. was adjudicated a delinquent for using a computer network to harass Gobert. On appeal, A.B. argued that the state (plaintiff) failed to prove she transmitted the messages with the intent to harass, annoy, or alarm Gobert and without any intent of legitimate communication.

Rule of Law

Issue

Holding and Reasoning (Dickson, J.)

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