View Full Version : Freedom of Speech meets HIPAA (or somesuch)
3rdgensooner
6/8/2011, 02:21 PM
Jilted ex-boyfriend puts up abortion billboard (http://www.msnbc.msn.com/id/43302321?GT1=43001)
Dispute has touched off a legal debate over free speech and privacy
A New Mexico man's decision to lash out with a billboard ad saying his ex-girlfriend had an abortion against his wishes has touched off a legal debate over free speech and privacy rights.
The sign on Alamogordo's main thoroughfare shows 35-year-old Greg Fultz holding the outline of an infant. The text reads, "This Would Have Been A Picture Of My 2-Month Old Baby If The Mother Had Decided To Not KILL Our Child!"
Fultz's ex-girlfriend has taken him to court for harassment and violation of privacy. A domestic court official has recommended the billboard be removed.
But Fultz's attorney argues the order violates his client's free speech rights.
"As distasteful and offensive as the sign may be to some, for over 200 years in this country the First Amendment protects distasteful and offensive speech," Todd Holmes said.
The woman's friends say she had a miscarriage, not an abortion, according to a report in the Albuquerque Journal.
Holmes disputes that, saying his case is based on the accuracy of his client's statement.
"Nobody is stopping him from talking about father's rights. ... but a person can't invade someone's private life."
For his part, Holmes invoked the U.S. Supreme Court decision from earlier this year concerning the Westboro Baptist Church, which is known for its anti-gay protests at military funerals and other high-profile events. He believes the high court's decision to allow the protests, as hurtful as they are, is grounds for his client to put up the abortion billboard.
"Very unpopular offensive speech," he told the Alamogordo Daily News. "The Supreme Court, in an 8 to 1 decision, said that is protected speech."
Holmes says he is going to fight the order to remove the billboard through a District Court appeal.
http://msnbcmedia1.msn.com/j/MSNBC/Components/Photo/_new/110607-cani-billboard-8a.grid-8x2.jpg
This sign on a main thoroughfare shows 35-year-old Greg Fultz holding the outline of an infant.
sooner_born_1960
6/8/2011, 02:28 PM
If she hadn't taken him to court, how many people would have known who she was?
Soonerfan88
6/8/2011, 02:31 PM
Hmmm....I don't see a name or a photo other than the man who paid for the bulletin board so who's privacy was violated?
3rdgensooner
6/8/2011, 02:32 PM
If she hadn't taken him to court, how many people would have known who she was?I did see this in another article
The billboard cost $1300, and was supposedly paid by Fultz with the help of donations. It was originally endorsed by N.A.N.I., an organization Fultz created for pro-life issues that stands for National Association for Needed Information. The acronym also happens to be his ex-girlfriend's first name.
SoonerHoops
6/8/2011, 02:41 PM
Greg is freaking fugly.
How about you post a pic for comparison purposes?
sooner_born_1960
6/8/2011, 02:42 PM
Once again. The billboard doesn't identify him either. So, all four people who know him and his ex, maybe.
sooner59
6/8/2011, 02:42 PM
Dude looks like Ron White.
Midtowner
6/8/2011, 02:42 PM
I think he wins if he can afford to keep paying the lawyers.
3rdgensooner
6/8/2011, 02:45 PM
Once again. The billboard doesn't identify him either. So, all four people who know him and his ex, maybe.Google indicates that Alamogordo NM is a town of about 35,000 people. Could be that quite a number of them know of the couple.
Once again. The billboard doesn't identify him either. So, all four people who know him and his ex, maybe.
I agree with you, awesome pool owner
sooner_born_1960
6/8/2011, 02:47 PM
I agree with you, awesome pool owner
Hey! I didn't share that with the goobers on this board.
Hey! I didn't share that with the goobers on this board.
If you hadn't pointed it out, how many people would have paid any attention?
(paraphrasing your comment above) :D
sooner_born_1960
6/8/2011, 02:50 PM
All of them.
3rdgensooner
6/8/2011, 02:53 PM
The article says he's 35, I saw a statement claiming she's only 18 or 19. None of the articles state her age so I haven't been able to confirm. If she is that young, it adds another dynamic to the story.
If she's 18 or 19, and with that guy, I don't want to see a picture of her.
sooner_born_1960
6/8/2011, 02:54 PM
Whatever the case, I feel it falls short of privacy invasion, or harassment.
If she's 18 or 19, and with that guy, I don't want to see a picture of her.
you and your girl are almost that diff in age.:D
I don't look like that, my hair is much longer
I don't look like that, my hair is much longer
and you only weigh a buck fifteen too.
EAT A SAMMICH!!!!
I don't think HIPPA has anything to do with family and friends releasing information and I don't see any personally identifiable information on that billboard.
Doc, we'll call you when we want an expert opinion
and you only weigh a buck fifteen too.
EAT A SAMMICH!!!!
Well now you're just being hurtful. And you know damn well that 75 of that is my wang.
3rdgensooner
6/8/2011, 03:18 PM
I don't think HIPPA has anything to do with family and friends releasing informationWhich is why I added "(or somesuch)", so as to imply I was using the terms loosely.
sooner_born_1960
6/8/2011, 03:21 PM
Which is why I added "(or somesuch)", so as to imply I was using the terms loosely.
Don't get short with Doc. He has more power around here than Dean.
Which is why I added "(or somesuch)", so as to imply I was using the terms loosely.
I hear you do a lot of things loosely
3rdgensooner
6/8/2011, 03:25 PM
Don't get short with Doc. He has more power around here than Dean.You have mistaken me for someone who gives a hoot about the power around here.
And I can't help but be short.
sooner_born_1960
6/8/2011, 03:27 PM
I'll do my best to intercede. No promises.
3rdgensooner
6/8/2011, 03:32 PM
I hear you do a lot of things loosely
You say that like it's a bad thing.
You say that like it's a bad thing.
You can't hear me say it at all....can you?
3rdgensooner
6/8/2011, 03:40 PM
You can't hear me say it at all....can you?In my mind
You can't hear me say it at all....can you?
In my mind
CLICK ME (http://192.20.225.36/tts/speech/39689a78fbd2a072d51f94a3183a3731.wav)
In my mind
Does my voice sound like this guy?
http://www.zap2it.com/media/photo/2009-03/45395666.jpg
SpankyNek
6/8/2011, 04:16 PM
I don't know what to think about this one, but basing it upon how many people know the guy seems like an absurd approach.
Where should the line be drawn (remember that a law has to be applied equally)?
If Sean Penn put up a sign that said "My first wife gave me herpes... paid for by M.A.D.O.N.N.A."
(Men Against Dispensation Of Nastiness in the Nether-regions and Anus) and it was prominently placed near an interstate, would the lady hidden between the lines have a right to sue?
MsProudSooner
6/8/2011, 04:29 PM
I don't know about the legalities of this but those two obviously have no future together.
Tulsa_Fireman
6/8/2011, 04:47 PM
Once again, the old adage holds as true as the gospels.
PIITB.
Sooner5030
6/8/2011, 06:17 PM
lived down the road (white sands missile range) for a period of about 3 years. That town had some good pistachios for sale....although they were expensive. Don't really remember any billboards though.
Interesting case. Would make a good law school exam scenario.
The dude just wanted to brag about getting laid. He has that "living in mom's basement World of Warcraft Level 80 player" look about him.
soonercruiser
6/8/2011, 10:23 PM
I don't think HIPPA has anything to do with family and friends releasing information and I don't see any personally identifiable information on that billboard.
Bingo!
HIPPA not aplicable.
It would have to be a healthcare worker, doc, nurse, etc, releasing information that is in the electronic records, or in the patient's medical record.
The woman's lawyer is now arguing that she actually had a "miscarriage". If it was at a Planned Parenthood clinic, there is no difference. Any excuse will do.
Ignore the jerks on the forum Doc. When someone posts, they are open to any input from any registered user on the forum. (Don't post, if you don't want an opinion!)
If he was a relative with consent it certainly isn't an issue. However, family and friends need a release too. I agree though, there really isn't anything that says he is the father and that the picture is not a top notch model.
With that said, if a woman can choose to have an abortion without the consent of the father, should the father at least be able to protest?
3rdgensooner
6/9/2011, 07:46 AM
Interesting case. Would make a good law school exam scenario.
The dude just wanted to brag about getting laid. He has that "living in mom's basement World of Warcraft Level 80 player" look about him.Yes, that sums up his look quite well.
Ignore the jerks on the forum Doc. When someone posts, they are open to any input from any registered user on the forum. (Don't post, if you don't want an opinion!)Doc was treated just fine...not sure what you're going on about.
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