Free Speech and Custody: Regulations in Custody Matters
While we do not have a bright line rule to rely upon in determining the constitutionality of restrictions on a parent's right to free speech in custody matters, we do know that a limit to these free speech rights exists, and that the limit will be determined by a factual analysis of the best interests of the children involved in each case.
July 12, 2022 at 10:50 AM
7 minute read
In this day and age of 24-hour news cycles, numerous social media platforms, and constant contact with audiences near and far, the ability to broadcast a message, good or bad, to the world is nearly unfettered. While an individual's right to free speech has long been held as one of the strongest constitutional rights in this country, when that right comes into conflict with the rights of a child in a custody matter, where do we draw the line? How far do we permit a parent's right to free speech to encroach upon the best interests of a child? Pennsylvania courts have recently grappled with these questions. They have begun to establish boundaries on a parent's right to free speech when that speech presents potential harm to the children involved.
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