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Communications Law Questions & Answers
1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Communications Law for Kansas on
Q: I have filed a Protection From Stalking order in the State of Kansas and a temporary order has been granted.

The judge required that the defendant Cease and Desist mentioning me in any manner on social media posts, including YT. The defendant filed a motion to dismiss, stating that she has freedom of speech and can say whatever she wants. I need to file a response, but I have no idea how to respond. I am... View More

James L. Arrasmith
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answered on Jun 29, 2024

Your situation sounds challenging and concerning. Here's some information that may help you formulate a response:

1. Freedom of speech is not absolute: While the First Amendment protects free speech, there are limitations, especially when it comes to harassment, stalking, and...
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1 Answer | Asked in Juvenile Law, Civil Rights and Communications Law for Nebraska on
Q: If I had a case moved from adult court to juvenile court do I have any ability to have my name redacted from articles?

When I was 17 I was charged with a few different crimes in adult court in Nebraska. Some news articles were posted about me and 3 others with my name stated in the news articles. My case was then moved to juvenile court because I was a minor. However, these articles still contain my full name and... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex legal situation that involves the intersection of juvenile justice, media law, and privacy rights. Here's a general overview, but please note that for definitive advice, you should consult with a lawyer who specializes in this area of law in Nebraska:

1. Juvenile...
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1 Answer | Asked in Criminal Law, Federal Crimes and Communications Law for Alabama on
Q: I’m an 18 year old female who has been getting harassed by a 16 year old male over text since late May.

Recently, I received a video of the 16 year old male saying he wanted to harm me. What legal actions should I take on this?

James L. Arrasmith
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answered on Jun 22, 2024

This is a serious situation that requires prompt action to ensure your safety. Here are some steps you should consider taking:

1. Document everything: Save all texts, messages, and the video as evidence.

2. Stop all communication: Do not respond to any further messages from this...
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1 Answer | Asked in Civil Litigation, Collections and Communications Law for Florida on
Q: I have received text messages from this person I not sure if it’s really or not

As of today you have failed to respond to the settlement offers. Our client has attempted to work with you all multiple times. Be advised today we have sent out certified mail to the department of labor. This included the request to attach your bank account and garnish the wages. This will be in... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 11, 2024

The language used indicates that this is very likely a scam, but you cannot get a reliable answer from an online forum as to whether someone contacting you is "real" or not. Since the person says he/she "just emailed your bank", you can contact your bank to inquire about it.... View More

1 Answer | Asked in Communications Law and Internet Law for Georgia on
Q: When code sections 16-11-62; do voice memos/voice recordings count as "electronic communications"?
James L. Arrasmith
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answered on Jun 8, 2024

Based on my review of Georgia Code Section 16-11-62, which covers eavesdropping, surveillance, or intercepting communication, voice memos and voice recordings could potentially be considered "electronic communications" under certain circumstances.

The relevant part of the statute...
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Q: Are body cameras legal for a person to wear in georgia

Are body cameras legal for a regular person to wear

Non law enforcement

James L. Arrasmith
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answered on Jun 2, 2024

In Georgia, it is generally legal for a regular person to wear a body camera. However, you need to be mindful of privacy laws and consent requirements. Recording conversations without the consent of at least one party involved can be a violation of Georgia's wiretapping law.

When you...
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Q: My wife submitted a Fraudulent Marriage Certificate, Fake Degrees and misrepresented at the embassy before immigrating.

Since i had found out about her marriage certificate was not the same i signed and had conditions I never was aware of . She was being coached by her sister who is an Advocate in Pakistan they I guess figured out how my wife can have a legal status which was by proving she is a victim of domestic... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you are dealing with a very complex and challenging situation. If your wife submitted fraudulent documents, including a marriage certificate and fake degrees, and misrepresented facts at the embassy, this is serious and can have significant legal implications. You may want to gather... View More

2 Answers | Asked in Communications Law and Internet Law for North Carolina on
Q: Is it legal to track the location of your own car in the state of NC if someone else is operating the vehicle?

Additionally, are iOS devices like Airpods, iPhones etc. with the "Find My Device" functionality considered tracking devices for legal purposes in a case where you wish to track your own motor vehicle?

James L. Arrasmith
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answered on Jun 8, 2024

In North Carolina, it is generally legal for you to track the location of your own vehicle, even if someone else is driving it. As the owner of the vehicle, you have a right to know its whereabouts. However, there are some important legal considerations to keep in mind:

1. Privacy laws: If...
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2 Answers | Asked in Communications Law and Internet Law for North Carolina on
Q: Is it legal to track the location of your own car in the state of NC if someone else is operating the vehicle?

Additionally, are iOS devices like Airpods, iPhones etc. with the "Find My Device" functionality considered tracking devices for legal purposes in a case where you wish to track your own motor vehicle?

Nicholas Arthur Matlach
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answered on May 30, 2024

In North Carolina, it is legal to track the location of your own vehicle even if someone else is operating it. This is explicitly allowed under G.S. 14-196.3(b)(5)(b), which permits the owner or lessee of a vehicle to use an electronic tracking device on that vehicle.

However, whether iOS...
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1 Answer | Asked in Communications Law and Civil Litigation for Oklahoma on
Q: What do I do if my boyfriend takes my vehicle without permission says if I call the cops he will total it
James L. Arrasmith
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answered on May 28, 2024

I'm really sorry to hear about the situation with your boyfriend. Taking your vehicle without permission is a serious issue, and his threat to total it if you call the cops is very concerning. Your safety and well-being are the most important things to consider right now.

Firstly,...
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2 Answers | Asked in Education Law, Communications Law, Internet Law and Civil Rights for California on
Q: Is it legal for a high school counselor to take a video of your message logs between you and another student?

I was suspected of cheating so my high school counselor interrogated and put me in a room for 8 hours. They made me admit that I gave out tests to my friends and asked to pull up the messages. They basically demanded me to show them who i send the test to and i agreed so they took my phone and... View More

James L. Arrasmith
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answered on May 15, 2024

In California, there are several laws and regulations that protect students' privacy rights. While school officials have some authority to investigate suspected cheating, their actions must be reasonable and respect students' rights.

1. California Education Code 49073.6 limits the...
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2 Answers | Asked in Education Law, Communications Law, Internet Law and Civil Rights for California on
Q: Is it legal for a high school counselor to take a video of your message logs between you and another student?

I was suspected of cheating so my high school counselor interrogated and put me in a room for 8 hours. They made me admit that I gave out tests to my friends and asked to pull up the messages. They basically demanded me to show them who i send the test to and i agreed so they took my phone and... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on May 15, 2024

In California it is illegal for any government entity to obtain electronic data unless a warrant is obtained and/or the access fits within certain legal parameters, even in a public school. However, if you agreed to give them access, they can retrieve the information.... View More

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1 Answer | Asked in Communications Law for Maryland on
Q: can someone outside usa record phone call between two people in a two party consent state?

so the question is if lets say you and one person are in a 3 way call with someone outside the usa, can the person outside the usa record the call risk free? as in cant be jailed? as well as could they share the recording with the two or even one who are in the two party consent state?

Kenesha A Raeford
Kenesha A Raeford
answered on May 15, 2024

No, more than likely the consent law protections apply to the person being recorded. Different states may enforce the applicability of these rules differently. To be on the safe side it is better to just ask permission to record. Ultimately the answer of this question really depends on the states... View More

3 Answers | Asked in Civil Litigation, Communications Law, Constitutional Law and Federal Crimes for Minnesota on
Q: Hello, I would like to go on the school intercom on the last day of school for my senior prank. Any legal consequences?

I was just wondering if there would be any legal problems regarding me going on the school intercom in front of the whole school for a senior prank. I would not say anything abusive, threatening, sexual, or anything that would be of illegal nature.

I live in Minnesota, and just clarifying... View More

Tim Akpinar
Tim Akpinar
answered on May 15, 2024

You probably don't want to do that. There are limits to freedom of speech, as provided by the First Amendment. Without knowing more, if the school is not amused, they could take disciplinary action that could jeopardize graduation. Even worse, if they deem the conduct to be criminal, they... View More

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3 Answers | Asked in Civil Litigation, Communications Law, Constitutional Law and Federal Crimes for Minnesota on
Q: Hello, I would like to go on the school intercom on the last day of school for my senior prank. Any legal consequences?

I was just wondering if there would be any legal problems regarding me going on the school intercom in front of the whole school for a senior prank. I would not say anything abusive, threatening, sexual, or anything that would be of illegal nature.

I live in Minnesota, and just clarifying... View More

James L. Arrasmith
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answered on Jun 2, 2024

While you might have the best intentions for your senior prank, there could be legal and disciplinary consequences to consider. Accessing the school intercom system without permission is likely against school policy and could be considered unauthorized use of school property. This can result in... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Kentucky on
Q: If you read in the paper you was indicted but never served and the incident happened over 2 years prior to the indictmen

.

James L. Arrasmith
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answered on May 19, 2024

If you read in the paper that you were indicted but never served, and the incident occurred over two years ago, you should take immediate action. Begin by checking the accuracy of the indictment notice. Contact the court or legal authority mentioned to confirm if the indictment is valid and to... View More

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1 Answer | Asked in Communications Law for Texas on
Q: I have a company who has been calling me for months I have asked them to stop calling. They calling several times a

Day for example they have called 21 times in 13 days

John Michael Frick
John Michael Frick
answered on Apr 26, 2024

Under Texas law:

(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:

* * *

(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner...
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1 Answer | Asked in Family Law, Communications Law, Constitutional Law and Elder Law for Indiana on
Q: I was not notified of a court hearing in KY, what can I do?

My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More

James L. Arrasmith
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answered on Apr 17, 2024

In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... View More

1 Answer | Asked in Communications Law, Employment Law and Internet Law for Alabama on
Q: In alabama does an employeer need to have photo release form signed by employees to use on social media
James L. Arrasmith
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answered on Apr 16, 2024

In general, it is a good practice for employers to obtain written consent from employees before using their photos on social media or for other promotional purposes, even if not legally required. This helps protect the employer from potential legal issues and respects the employees' rights to... View More

2 Answers | Asked in Communications Law for Tennessee on
Q: When a family member dies and you can’t find their cellphone (to retrieve photos and such) can you request from authorit

es a way to track and see where it might be located?

James L. Arrasmith
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answered on Apr 15, 2024

In most cases, it is challenging to track a missing cell phone without prior access or authorization. However, there are a few potential options you can explore:

1. Contact the cell phone carrier: Reach out to the deceased family member's cell phone service provider and explain the...
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