Reporting from Washington - The Supreme Court said today it would rule for the first time on whether employees have a right to privacy when they send text messages on electronic devices supplied by their employers.
The justices agreed to hear an appeal from a police department in Ontario, Calif., that was successfully sued by Sgt. Jeff Quon and three other officers after their text messages -- some of which were sexually explicit -- were read by the police chief.
The city had a written policy that the devices were for use on official business and subject to monitoring. The police officers were told of that policy. When they discovered that the police chief had read some of their messages they sued and prevailed in the 9th District Court. The case is now on appeal to the US Supreme Court.
There are several things of note here.
First, the 9th District Court has a long and arguably sordid history of trying to change the law and being overturned on appeal. I'm personally put out that we continue to have to pay for a court that seems to get it wrong so often. Common sense suggest that the court needs to change. Unfortunately, short of impeachment, retirement, or death those judges are appointed for life so there is little that can be done save to continue to pay to undo what the 9th does.
In the matter at hand, given the written policy and notice common sense suggests that the officers should have no real expectation of privacy.
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