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Reason
Reason
Politics
Eugene Volokh

Injunction Against Referring to Ex-Wife and Children in Online Media Violates First Amendment

An excerpt from a long Washington Court of Appeals decision approved yesterday for publication, Asbach v. Couto (Judge Bradley Maxa, joined by Chief Judge Bernard Veljacic and Judge Erik Price):

Couto and Karina divorced in 2012. Since then, Couto has had multiple DVPOs [Domestic Violence Protection Orders] issued against him regarding Karina, [his now-adult son] Aiden, and [his minor daughter] NC. Testimony in these cases and previous DVPO proceedings show that Couto frequently screamed at his family, threw things, waved a knife around, and engaged in other coercive, aggressive, and emotionally manipulative behaviors. Aiden's DVPO expired when he became an adult in 2023.

In 2024, Couto published a YouTube video in which he attempted to reach out to Aiden now that he was an adult. In the video, he stated that Karina had a narcissistic personality disorder and lies. Couto characterized this video as an attempt at reconciliation with Aiden.

Karina filed petitions for another DVPO for herself and to renew the DVPO for NC. Aiden also filed a petition for a DVPO based on the YouTube video and an allegation that Couto had intentionally shown up to Aiden's workplace and at a grocery store where NC was.

The trial court granted the DVPOs for Karina and Aiden. The court also renewed the DVPO for NC for one year, to which Couto had stipulated. The court found that Couto's YouTube video was a form of coercive control. The court's DVPOs required Couto to remove any YouTube video regarding Karina, Aiden or NC [the removal order wasn't challenged -EV], and prohibited him from posting or sharing any videos or other media with references to them.

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