Lawyers, Answer Questions  & Get Points Log In
Texas Communications Law Questions & Answers
1 Answer | Asked in Constitutional Law, Communications Law and Libel & Slander for Texas on
Q: Could you start a class action lawsuit against Fox News for knowingly lying to people, or is it just free speech?
John Michael Frick
John Michael Frick
answered on Mar 17, 2023

There actually is a pending lawsuit against Fox News brought by Dominion Voting Systems arguing that Fox defamed Dominion. This case is set for trial April 17.

Suing a media member for defamation (i.e. libel and slander) is very difficult and expensive. Class action lawsuits are likewise...
Read more »

1 Answer | Asked in Communications Law and Federal Crimes for Texas on
Q: Recording Consent

If you live in a single party consent state Texas and another person lives in a dual party consent state (CA) can you record them if you are on a call with them (i.e. you are in Texas and are the single party that consents to record the call).

If the person in CA records the person in Texas... Read more »

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

Under Texas law, the State of Texas will not prosecute you for recording a conversation if you are a party to the communication or have the consent of at least one party to the communication.

Under California law, the State of California may prosecute you for recording a conversation unless...
Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Communications Law for Texas on
Q: After a temporary order , and finishing the order. Can the other party have a right to order a test without reasoning ?

I finished my life time recovery program on June 9th,2022. I was served a random court date for a hair and nail test. This started when I admitted to my husband I used when my son wasn't around. Due to the mental health and illness I was going through , I never had a criminal or drug history... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 29, 2022

If you are ordered to do a drug test you need to get one done asap. If you used you need more treatment,

1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Texas on
Q: How do I get a case dismissed that I was indicted for in 1998 after finding out the indictment was wrong?

In 1998 I was sentenced to 5yrs probation for failure to register, after pulling the record and the true bill of indictment

I realized that the reportable conviction they used to get the indictment I was never convicted of nor was I ever charged with this crime. After all the years that... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 14, 2021

If anyone can fix the conviction, it will be an expert in criminal appeals, and that will be expensive. However, if you were granted a pardon by the Governor of Texas, then you could file for an expunction of the records. That might be just as good of a result, depending on your goals.... Read more »

1 Answer | Asked in Divorce and Communications Law for Texas on
Q: So long story and dumb on my part. My husband and I are getting divorced. He is dating I messaged the woman.

She didn’t know he was married. No threats or abusive language was used. He tends to lie to I wanted her to know he was married. Again she did not. I apologized for contacting her and assured her I would not bother her. Several hours later she said she was very private and felt unsafe. Again no... Read more »

Teri A. Walter
Teri A. Walter
answered on Feb 5, 2021

The fact that she's uncomfortable doesn't mean you did anything wrong. Just leave her alone and don't worry about it.

2 Answers | Asked in Criminal Law and Communications Law for Texas on
Q: I have someone threatening to file harassment charges on me for sending a fb message. Can they do this?

This man posted a racist statement in a public Facebook group. I sent the screenshot to his sister and daughter. I also messaged his wife asking why she deleted me. I have not contacted any of them since, and have asked him to stop contacting me after his initial threat. He sent another message... Read more »

Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

A great Tx Lawyer and Judge said: "You can sue a ham sandwich." It sounds like this person thinks his beliefs are the supreme word of God and we should all be worshiping the ground he walks on. He could bring a harassment litigation against you in civil court. The police are usually... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury, Communications Law and Federal Crimes for Texas on
Q: Neighbor tempering jamming my security system and using electricity to transmit better from my camera system I have proo

Neighbor using electricity to transmit and receive data new technology to my camera system. I have proof on video.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 6, 2020

Consider building a "Faraday Cage" around your electronics to prevent unwanted interference from outside electromagnetic waves. A modern approach is to use EMF shielding paint... it is even available on Amazon.

Warning: Totally blocking external electromagnetic waves in your...
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Communications Law and Environmental for Texas on
Q: my daughter is 13 and has 20 hours of community service she only did 10 because she ran out of space on the sheet whats
Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Jan 22, 2020

Please complete your question. Your daughter can make copies or ask for another sheet.

1 Answer | Asked in Criminal Law and Communications Law for Texas on
Q: If someone was lied to about a court date what can they do? In Texas

My friend thought a court date was in December. He got a text message on November 17th saying that if he doesn't go to court the next day he will have a warrant for his arrest. He called them because he wasn't aware of this, then the lady asked for his full name and stuff to look up when... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Nov 27, 2019

I suggest your friend call the court to ensure that it is a legitimate call to begin with.

2 Answers | Asked in Criminal Law, Civil Rights, Communications Law and Federal Crimes for Texas on
Q: Can I sue my neighbors with proff of them using a jamming device on my home security system camera?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 20, 2019

Not in Criminal Law. I'm able to provide an answer with regard to the other listed areas of law because my focus is Criminal Law.

View More Answers

1 Answer | Asked in Banking and Communications Law for Texas on
Q: How much trouble am I in?

I was talking to a guy. He paid my credit card off. Then asked me to get him 350 dollars worth of gift cards to pay him back. I thought it was a scam and called then bank to have my account frozen and asked to have the payment sent back. But they guy is claiming that he can have me arrested

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 19, 2019

I am not licensed to practice law in Texas but I do know banking law very well. People who have their bank stop payment on something without any cause are considered in the same category as people who write bad checks.

If "the guy" who paid off your credit card did so using a...
Read more »

2 Answers | Asked in Criminal Law and Communications Law for Texas on
Q: after divorce can one parent use a child's iPad to access other parents personal info. on personal device

ex husband used 8 yr old sons iPad to access ex wife's personal data from her phone because mother had a shared plan with son. ex husband then used personal info to call and harass local elected state officials

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 9, 2018

Depending on the specific fact pattern, it might match the offense known as "Breach of Computer Security" as defined by Texas Penal Code 33.02.

Harassment is also a crime, and one of the ways a person can commit Harassment is by repeatedly sending electronic communication that...
Read more »

View More Answers

1 Answer | Asked in Criminal Law, Communications Law and Divorce for Texas on
Q: in a divorce can one parent access a child's iPad to retrieve personal info. from other parents device w/o permission

ex husband used child's iPad to access personal info from exes device because she had a shared plan with 8 year old son. ex husband then used personal numbers to call and harass publicly elected officials

Grant St Julian III
Grant St Julian III
answered on Apr 8, 2018

Access to the ipad is not the issue, it's the harassment. The subjects of the harassment shoul contact the police, and you can cooperate in the investigation.

2 Answers | Asked in Domestic Violence, Family Law, Personal Injury, Civil Litigation and Communications Law for Texas on
Q: Can you sue someone for sending emails that curse you out with abusive language in almost every other word.

Could you also sue for defamation in that email since now permanently on a public server since emails are stored forever?

Gary D. Peak
Gary D. Peak
answered on Apr 7, 2018

Better to block them and remove them from your life.

You will have trouble finding an attorney who would file such case. No money damages. Just some irritation and frustration.

View More Answers

2 Answers | Asked in Communications Law for Texas on
Q: How do I fight a fake police report about me? It was for telephone harassment, which did not occur.

On April fool my friends and I called an ex-friend as a prank call. We were going to jokingly apologize for why our friendship ended and say happy Easter. The ex-friend never picked up the phone so we left a voicemail. Later that day, the ex-friend called back, we used an outsiders phone since the... Read more »

Grant St Julian III
Grant St Julian III
answered on Apr 4, 2018

If the allegations filed against you are not true. retain a local attorney, enter a plea of not guilty to the charges and force the State to prove those allegations beyond a reasonable doubt. You have the right to present whatever evidence you have to a jury, and let them decide who is telling... Read more »

View More Answers

1 Answer | Asked in Copyright, Communications Law, Intellectual Property and Trademark for Texas on
Q: Removal of a person's image off a webpage

If a photographer post pictures on Facebook but the model did not sign the release form is there anything that can be done to remove the pictures from the photographers page.

Griffin Klema
Griffin Klema
answered on Jan 17, 2018

Maybe. It depends on the relationship between the photographer and the model. Was the model employed? Was there an employment contract? How well known is the model? The photographer likely owns the copyright, but the model may not have licensed her "likeness" (a right of privacy).... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Communications Law for Texas on
Q: Is it aillegal to prevent me from calling 911, even if the person is a mom roomate blockin a door wit small kids inside?

I was having an issue with another female...and since my tablet doesn't have service, tried to make my way to my sister's cell, but a petite female barracaded the door proclaiming "not with since her kids are there"....I walked away from that and shouldn't have and wanna... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 29, 2017

It might be illegal if you were attempting to make an emergency call. The fact that you wanted to call 911 doesn't mean it was an emergency. The applicable definition of emergency is found in Texas Penal Code 42.062(d)

See: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.42.htm#42.062

1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Communications Law for Texas on
Q: Placed two weeks in new job then ran my driving record and said sorry but you can't work here even though it was arrang

I was searching for a new job found one they told me to place my two week in, which I did then come the day I start they run my driving record and tell me they can't cover me no job. Am I able to get legal compensation?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on May 12, 2017

Texas is an employment at will State. I don't feel you would have any legal recourse. You would need to consult with a labor and employment law attorney. Workers' comp deals with on the job injuries

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.