After the divorce proceedings, an Arizona mother did not honor the “parenting agreement” by criticizing their child’s Father on Twitter. The divorce court placed a proverbial gag order on the parties, stating that neither party was not to make disparaging comments about the other on social media.
The mother argued that the divorce court orders violated her constitutional rights.
So the question here is, is she right? Can the divorce court stop her from speaking negatively about her former husband on social media?
Because the Father and Mother agreed to certain restrictions on their speech in their Joint Custody Agreement that Mother’s First Amendment Rights were not being infringed upon. Therefore should could not post negative comments about her ex-husband on social media.
Nash v. Nash, 1 CA-CV-12-0039 1 CA-SV 12-0076, 1 CA-CV 12-0077 (Division 1, 07/23/2013)