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Opening Brief Filed in Intel Email "Trespass" Case
posted by filter_editor
on Friday May 17, @12:21PM
from the free-speech-or-trespass? dept.
Last we heard, the California Supreme Court decided to hear Intel v. Hamidi, which like Eldred v. Ashcroft has been fought in part with the help of the Berkman Center's Openlaw forum. (See previous Greplaw post.) At issue: whether former Intel employee Ken Hamidi's sending of email messages to the company's current employees is protected speech or, as the company claims, "trespass to chattels."
Should California trespass law maintain a distinction between trespass to chattel and trespass to real property, such that e-mail messages that cause no physical disruption to the computer equipment that receives them may not constitute an actionable trespass to chattel?
Should California tort law maintain a clear dichotomy between nuisance and trespass law when dealing with intangible intrusions, such that e-mail messages that cause no physical disruption to the computer equipment that receives them may not constitute an actionable trespass to chattel?
If physically non-disruptive e-mail messages may support an action for trespass to chattel, does the judicial enforcement of an injunction against the sender of the e-mail messages violate California and federal labor law when the content of the messages involves workplace concerns?
If physically non-disruptive e-mail messages may support an action for trespass to chattel, does the judicial enforcement of an injunction against the sender of the e-mail messages constitute state action that must comply with the free speech guarantees of the California and United States Constitutions?
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