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Quon and other SWAT team members sued the department for infringing on their reasonable expectation to privacy by reviewing the text messages. They won in the lower court. An appeal to the 9th Circuit Court of Appeals went nowhere, but now what will be a landmark Supreme Court texting case will be heard by those technologically brilliant justices of the upper court.

The case puts employee interests against private interests, which is nothing new in case law but is new when it comes to electronic devices. Generally courts have found that there is no expectation of privacy in a workplace environment.

But will that same principle apply to mobile devices which are commonly used both inside and outside of the workplace? That is a far different issue than an immobile workplace computer sitting in an office cubicle.

Or is it? That is the real question behind this case. It’s a difficult call to predict where the Supreme Court texting case will go. My guess, however, is they will side on the right to privacy by a 5-4 decision.

View the video and then tell us what you think.


The Dangers of Texting (Video)