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(CNN)   Freedom of speech protected when telling your former co-workers that the boss sucks   ( divider line
    More: Cool  
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8312 clicks; posted to Main » on 01 Jul 2003 at 2:19 PM (14 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»

32 Comments     (+0 »)
2003-07-01 01:56:03 PM  
Uh, no it isn't.

I made a bogus version of my old bosses company, swapped out an element, tweeked the tagline and sent the 'aleged' image to several former co-workers (one of whom turned around and forwarded it to our former boss.) Next thing I knew, he'd had his lawyer threatening legal action as I'd promised 'to not speak or otherwise represent Mr. F**** in a negative manner" (not verbatum)
2003-07-01 01:59:17 PM  
man and the guy wasn't even a contractor..he has nothing to complain about. But nice to know I could go psycho and email all my coworkers about how awful the company is if I'm let go and not get in legal trouble.
2003-07-01 02:04:05 PM  
Slander and libel are not covered by the 1st Amendment.
2003-07-01 02:25:10 PM  
"In a free-speech case watched closely by civil libertarians, California's high court ruled that a barrage of e-mails sent by a fired Intel worker disparaging his former employer did not constitute trespassing."

Asshats Inside !

[image from too old to be available]

2003-07-01 02:28:34 PM  
So Rosalea, tell us of your adventures at intel :^D
2003-07-01 02:29:06 PM  
Ha Ha!!!

I start saliatious rumors about my boss all the time.
2003-07-01 02:29:22 PM  
I'm kind of on Intel's side on this one. It is their bandwidth, afterall. That's my main objection to spam, telemarketers, etc. I pay for my email and phone service. I don't want to pay someone to send me crap. He should be able to say what he wants about the company but not at the expense of the company. Stand out front with a sign.
2003-07-01 02:29:45 PM  
he's going to "do it to the max?"
2003-07-01 02:30:05 PM  
Rather, pay to receive crap that someone sends me.
2003-07-01 02:31:39 PM  
"Yeah... so... um..., I'm gonna have to take that, ah... stapler back. Yeah, so if you can go ahead and do that, um, yeah... that'd be great."

[image from too old to be available]
2003-07-01 02:32:01 PM  
Trespass - "An intrusion or infringement on another". If only he had been tried under TX sodomy laws last month!
2003-07-01 02:35:32 PM  
"Intel was disappointed and assessing its "options in the event Mr. Hamidi resumes his spamming activity against Intel," spokesman Chuck Mulloy said."

The man "assessing its(Intel's) options" will be:
[image from too old to be available]
2003-07-01 02:39:03 PM  
This guy really needs to get a job, you're fired bucko, check into the terms of employment, probably at-will on both parties part.
2003-07-01 02:50:14 PM  
RTFA, poster included.

Here's what the court really decided:

California's high court ruled that a barrage of e-mails sent by a fired Intel worker disparaging his former employer did not constitute trespassing.

VERY different from the headline.

2003-07-01 02:50:18 PM  
I think it's good that this was protected, it's always important to have an avenue open to speak truth to power...


There's always the option of a slander suit. Why did Intel take the high road?
2003-07-01 02:53:24 PM  
Doesn't seem like it'd to be too hard to filter his emails from getting anywhere.
2003-07-01 02:53:58 PM  
I wish they would make "Office Space 2"
2003-07-01 02:54:10 PM  
For it to be slander and libel it need to be knowingly untrue. As long as the charges he makes are true, it is protected as free speech (at least until 1 more judge joins the other 3 on Intel's payroll...)
2003-07-01 02:54:34 PM  
1) No one has any idea how this guy got fired.
2) Libel is not protected.
3) This would make me assume that what he was complaining about had some grain of truth to it
4) This guy will never get hired by anyone ever again.
2003-07-01 02:54:46 PM  
maybe they had to sue under trespassing because... the content of the emails was true?

it ain't libel to call mike tyson a convicted rapist, or half the catholic church pederasts.
2003-07-01 02:55:16 PM  
If the court had gone the other way, it would have become illegal to send complaint letters or e-mails to the place of business that you're criticizing...since it would be trespassing on their property to do it.

So, uh, good call, court.
2003-07-01 03:01:16 PM  
True story:

My old supervisor was arrested for molesting his daughters a while back. At the time I did not know the reason for his absence until I heard a rumor. Went to one of those pay-per-view websites that you can get criminal backround information and, joila, there it was. He was convicted and sent away. I was then told not to discuss these happenings at work, as was everyone else in the know.

At work is one thing, but off the clock is another.

Whenever I had the chance I would tell everyone I knew after hours. Neighbors, friends, business accuaintances, whomever knew this assclown. I probably should have not have made it such a big deal but you had to know this guy: pastor-wannabe, arrogant, holier-than-thou, self-serving goody-two-shoes that everyone secretly loathed. 10 years is nothing as far as a sentence went but I certainly hope that this guy never works or lives in this area again.
2003-07-01 03:26:22 PM  
I gots me some e-mail to write.
2003-07-01 03:42:32 PM  

Though i agree that a farktard like you decribed deserves to be publicly humiliated/castrated or what have you, did you ever think that for the sake of the daughters involved you might not want to go around telling everyone you knew?
2003-07-01 03:44:47 PM  
So Rosalea, tell us of your adventures at intel :^D

they'd probably claim I broke my nda if I did that.

wish I'd get one of those spamming emails from that guy, I'd like to hear of someone elses perspective, especially since he was let go back in '95, which was considered a good time to work here (unlike now)

*disclaimer -- in accordance with intel forum posting policies the author of this post is not claiming in any way that intel has any say or knowledge of what she is saying. Neither is she saying Intel is a crazy company to work for, or that she in any way shape or form might support someone spamming the company with his complaints after being fired. In conclusion, please don't fire me oh coporate masters.
2003-07-01 03:46:15 PM  
Does anyone know the statuet(sp) of limitations?

/needs to write emails to former employers telling them how i really feel.
2003-07-01 03:52:55 PM  
I have a very very easy way to solve this problem. The people at Intel should just block his outside emails.

2003-07-01 04:15:27 PM  
There's really no reason why e-mail should be treated under a different legal standard from regular mail, and politicians send out "negative campaigning" materials all the time, which would be exactly the same concept as these e-mails.

Similarly, if regular mail sent to business addresses is not trespassing, why would e-mail be trespassing.

However, the information sent out must be true, or it becomes libel.
2003-07-01 05:13:38 PM  
modernhamlet - From the article:

"....(Justice Kathryn Werdegar) added that Intel's chief concern was the content of his e-mails, which are protected speech. Commercial speech, such as spam, does not have the same First Amendment protection."

/psa, MkII
2003-07-01 07:28:26 PM  
i think its scary that Intel cant figure out how to block a single email address...
2003-07-01 07:51:26 PM  
[image from too old to be available]
2003-07-01 07:52:29 PM  
I dunno, I'm all for telling off the boss, sticking it to the man, lining the capitalist pigs up against the wall, etc., but it looks like he's waging a one-man propaganda war against the company. While it seems that because recipients can request to stop receiving the emails at any time, he's not really doing anything all that immoral (I sure would have loved some anti-Quantum propaganda back in the day), I just wonder why the hell he hasn't found anything better to do.

My guess is that he's writing about his infuriating, Office Space-esque experiences. Tough titty for poor, poor Intel.
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