Trial court orders Facebook trash talk ban for divorcing couple; Husband appeals and loses

In a recent divorce case, the Georgia Court of Appeals ruled that it was okay for the trial court to order the parties to not talk disparagingly about either other on Facebook - at least until after the divorce proceedings. The husband appealed the order, arguing that it violated his First Amendment rights.

The trial court had issued an order that "restrained and enjoined [the parties] from posting matters about each other or their current litigation on Facebook or other social networking sites."

On appeal, the Court of Appeals acknowledged that the state Supreme Court allowed orders "to refrain from making derogatory remarks about the other before the children" and also for parties "telephoning the other's workplace or communicating with each other." Both parents had used social media to make "derogatory and disparaging comments about each other" prior to the order, and the appellate court decided the order was appropriate.

The case is Lacy v. Lacy, No. A12A2261 (Ga. Ct. App. 2013).