Facebook Apology

A man who was threatened with jail time for posting comments about his estranged wife on his personal Facebook page unless he posted daily apologies for a month says the court ruling violates his freedom of speech.

Mark Byron, who is making the apology to avoid 60 days in jail, said Friday night that he believes it's too late for him to appeal the domestic relations court ruling as planned. But the Cincinnati man and free speech and media experts say it should concern other users of the social networking site.

With hundreds of millions of people using Facebook for communication, Byron said that "if they can do this to me, they can do it to others."

The idea "that anybody could tell you what to say to your friends on Facebook should be scary to people," said Cincinnati attorney Jill Meyer, who specializes in free speech and media issues.

The ruling is highly unusual and "troubling because it's a court telling someone to say something to — in some regards — his chosen group of friends," said Meyer. She noted that the comments were not directed to Byron's wife, Elizabeth Byron, who was blocked from accessing the page.

According to the ruling, Byron posted comments on his page in November, saying in part, "If you are an evil, vindictive woman who wants to ruin your husband's life and take your son's father away from him completely — all you need to do is say you're scared of your husband or domestic partner and they'll take him away."

The Byrons are involved in ongoing divorce and child custody proceedings. Byron has said his wife and the court have prevented him from seeing his 17-month-old son many times. The court maintains he is allowed to see him on a twice-weekly basis.

Domestic Relations Magistrate Paul Meyers last month found Byron in contempt of a protective order because of his Facebook comments. Meyers said that Byron could avoid a 60-day jail sentence and a $500 fine by posting the apology — written by Meyers — to his wife and all of his Facebook friends and paying her attorney fees. The same apology must be posted every day no later than 9 a.m.

The June court order prohibited Byron from causing his wife physical or mental abuse, harassment or annoyance. She asked in December that he be found in contempt after learning of the Facebook comments.

Byron's comments expressed frustration, but they were not threats and he didn't make them to his wife, said Cincinnati attorney Jack Greiner, who also specializes in free speech and media issues.



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