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Kentucky woman jailed for refusal to delete her FB account

Posted by on Sep. 19, 2012 at 8:53 AM
Vee
  • 42 Replies

Judge jails woman who refused to delete Facebook account


A Kentucky woman who was issued a DUI after she caused a car accident with four teenagers is being sent back to jail after a judge ordered her to delete her Facebook page.

Local NBC affiliate WAVE3 reports that Paula Asher wrote a dismissive status update to her Facebook page after the accident, stating, "My dumb (expletive) got a dui and I hit a car…lol."

Asher was allegedly under the influence at the time of the accident and fled the scene before police arrived.

The parents of the four teens injured in the crash asked District Judge Mary Jane Phelps to have the offending Facebook page removed and the judge complied.

However, while Asher has apologized to the judge and the families for her offensive post, she has not deleted her Facebook account. And as a result, Judge Phelps has sentenced Asher to a two-day jail sentence for contempt of court.

"I really wasn't trying to make fun of (the crash)," Asher said.

However, as SecurityNewsDaily notes, it's not clear if the judge actually had the authority to order Asher to delete her Facebook page. No specific law was cited in the order, and Asher certainly could make a claim that posting her thoughts about the accident, no matter how crude or offensive, is protected under her First Amendment rights.

"I apologize to everybody," she said. "I apologize to the judge. I didn't mean to hurt anybody," Asher said.  "I didn't think 'lol' would put me in jail."

I had to go pull my time in," said Asher. "I did and they said I'm not allowed to have Facebook,"Asher told Lex18.com.

Posted by on Sep. 19, 2012 at 8:53 AM
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GoddessNDaRuff
by Silver Member on Sep. 19, 2012 at 9:53 AM
7 moms liked this

How could she be ordered to delete her facebook? What does her facebook have to do with the crash other than the comment?

Veni.Vidi.Vici.
by Vee on Sep. 19, 2012 at 9:56 AM
1 mom liked this


Quoting GoddessNDaRuff:

How could she be ordered to delete her facebook? What does her facebook have to do with the crash other than the comment?

I've considered that the judge felt her social networking was interfering with her ability to accept fault. I don't know, though.

Lizardannie1966
by LC Mama on Sep. 19, 2012 at 9:57 AM
4 moms liked this

Why was she even released from jail in the first place?

Who cares about Facebook! She caused an accident while under the influence. Her butt should be parked in jail for some time to come.

Quoting Veni.Vidi.Vici.:

A Kentucky woman who was issued a DUI after she caused a car accident with four teenagers is being sent back to jail after a judge ordered her to delete her Facebook page.

GoddessNDaRuff
by Silver Member on Sep. 19, 2012 at 9:58 AM
2 moms liked this


Quoting Veni.Vidi.Vici.:


Quoting GoddessNDaRuff:

How could she be ordered to delete her facebook? What does her facebook have to do with the crash other than the comment?

I've considered that the judge felt her social networking was interfering with her ability to accept fault. I don't know, though.

Okay so deactivate the account wait two weeks and reactivate it. Not in contempt she deleted it. LOL Or maybe I'm just an ass. Hell she could have just made another one or got on twitter, instantagram or any other social networking site.

katy_kay08
by KK on Sep. 19, 2012 at 10:01 AM
6 moms liked this

I don't quite get what authority the judge held for telling her she couldn't have a social networking account.  She was not accused of cyber crimes or pedophilia and while she certainly may look like an douche for being so blasé about her actions and the consequences of those actions, I don't think telling her to not have a FB account will change any of it.  

cjsbmom
by Platinum Member on Sep. 19, 2012 at 10:05 AM
1 mom liked this


Quoting katy_kay08:

I don't quite get what authority the judge held for telling her she couldn't have a social networking account.  She was not accused of cyber crimes or pedophilia and while she certainly may look like an douche for being so blasé about her actions and the consequences of those actions, I don't think telling her to not have a FB account will change any of it.  

Agreed. I'm sure an appeals court would overturn it. It's a clear violating of her First Amendment rights.


UpSheRises
by Platinum Member on Sep. 19, 2012 at 10:08 AM
3 moms liked this

I'd have to err on the side of free speech. I don't see how the judge has the authority to order he to delete anything for her account let alone the account in it's entirety.

mikiemom
by Platinum Member on Sep. 19, 2012 at 10:11 AM
1 mom liked this

I guess those offended could block her so they don't see her page.

UpSheRises
by Platinum Member on Sep. 19, 2012 at 10:11 AM

If she hasn't been convicted of a crime why should she be held in jail?

Quoting Lizardannie1966:

Why was she even released from jail in the first place?

Who cares about Facebook! She caused an accident while under the influence. Her butt should be parked in jail for some time to come.

Quoting Veni.Vidi.Vici.:

A Kentucky woman who was issued a DUI after she caused a car accident with four teenagersis being sent back to jail after a judge ordered her to delete her Facebook page.


motherslove82
by Silver Member on Sep. 19, 2012 at 10:14 AM
Sounds like the judge was over reaching and over reacting. She called herself dumb. How does that not show she felt that she was wrong? It sounds like she was confessing to all of her friends that she did a stupid thing.
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