Child Custody Battle Raises Questions of Free Speech

July 30, 2009

When Michael Bouthillier lost custody of his children, his sister, Michelle Langlois took it upon herself to seek justice on the Internet. She posted comments on Facebook and an advertisement on Craigslist, asking for donations to aid her brother’s case.  The mother of the children, Bouthillier’s ex-wife, said that the sister’s actions were putting herself and her children in danger.

She claimed that the comments were putting her and the children in a position to be open to ridicule from Internet commentators. She filed a complaint with her local police department and asked for a domestic-abuse protection order from her local family court.

A judge ruled that all of the comments had to be taken down and Langlois was banned from making any more references to her brother’s custody battle online. However, Langlois’ attorney fired back and said that such a restriction was inhibiting his client’s right to free speech.

Such court proceedings are public record and the woman was entitled to express her opinion about the results in public.