Jennifer Brandt and Megan Feehan published an article to The Legal Intelligencer discussing how in the case, Shak v. Shak, the Massachusetts Supreme Judicial Court (SJC), found that a nondisparagement provision included in a custody order is an impermissible restraint under the First Amendment right to freedom of speech. Most importantly, and perhaps lessening the impact of the ruling, the court in Massachusetts acknowledged that the disparagement issue would be factored into any subsequent custody determination when considering what is in the best interests of the child.
To read the full article, click here.