Injunction ordering father not to disseminate private emails affirmed by Ky Court of Appeals in a published opinion


Father shared private co-parenting emails between the parties (Mother and Father) with teachers, other parents, and relatives. After holding a hearing, the trial court entered an injunction ordering Father not to forward others private email communications between the parties. Father appealed arguing the order unconstitutionally infringed his right to freedom of speech. The Court of Appeals applies the analysis set forth in Hill v. Petrotech Resources Corp., 325 S.W.3d 302 (Ky. 2010) and affirmed the trial court because the injunction on Father’s speech was 1) narrowly tailored, 2) made after a final adjudication, 3)  prohibited only unprotected speech, 4) not subjected to heightened scrutiny, and 5) in the best interest of the children.  

Digested by Elizabeth M. Howell