U.S. Supreme Court to Address Privacy of Text Messages Sent on Employer-Owned Devices

Posted on December 18, 2009 by Rosa Fruehling-Watson

The Seattle Times reported this week that the United State Supreme Court announced that it would consider whether an employee has a right to privacy when sending and receiving text messages on an employer-owned electronic device. The case is City of Ontario v. Quon, and is an appeal from a 2008 Ninth Circuit ruling (Quon v. Archwireless Operating Company, Inc.). In that case the Ninth Circuit held that an employee’s right to privacy outweighed the public employer’s right to audit text messages sent from its employer-issued pagers. See our 2008 news alert for more information about the Ninth Circuit ruling. 

The U.S. Supreme Court is expected to hear arguments in the case in the spring and issue a decision by the end of June 2010.

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U.S. Supreme Court Blocks Release of Signatures on Referendum Petition

Posted on October 20, 2009 by Rosa Fruehling-Watson

Earlier today, the United States Supreme Court in an eight to one vote blocked the public release of documents showing names and contact information of Washington Referendum Measure No. 71 (“R-71”) petition signers. This action stopped the Ninth Circuit’s ruling last week that ordered the release of the documents. See our October 16, 2009 blog posting for more information regarding the Ninth Circuit’s ruling. 

The Seattle Post-Intelligencer reported that the Supreme Court will now consider whether to hear the merits of the case, but the action to block the release of documents means the petitions most likely won’t be released before the November 3, 2009 election. 

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Ninth Circuit Allows Release of Signatures on Referendum Petition

Posted on October 16, 2009 by Rosa Fruehling-Watson

On Thursday, October 15, 2009, the Ninth Circuit Court of Appeals issued an order overturning a decision of the U.S. District Court of the Western District of Washington that barred the Washington Secretary of State from any public release of documents showing names and contact information of referendum petition signers. The particular case involved Washington Referendum Measure No. 71 (“R-71”). See our September 25, 2009 blog posting for more information regarding the earlier ruling of the District Court.

On the same day, the Secretary of State's Election Division issued a narrative explaining why the Secretary of State, in consultation with the Attorney General’s Office, treats initiative and referendum petitions as public records subject to disclosure under the Washington Public Records Act.

Despite the Ninth Circuit ruling, the names have not been released due to a temporary restraining order granted by a Thurston County Superior Court judge blocking the State from releasing initiative petitions under the Public Records Act. The District Court decision was issued in response to a lawsuit, seeking to stop the release of petitions, brought by Tim Eyman, a well known sponsor of initiatives and referendums.

 

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