Jeremy Alcede, a former owner of the shooting center Tactical Firearms, has been arrested and jailed for contempt of court when he refused to hand over his Facebook page password.
Alcede was ordered by Judge Jeff Bohm in a bankruptcy hearing to turn his passwords over to the new owners of his business or be jailed.
The page that was used almost exclusively for personal messages is one that Jeremy opened from his personal Facebook page and used for political speech and to help promote his business.
The judge has decided that the page a Twitter account are a part of the property of the business, Tactical Firearms that Alcede lost in a bankruptcy recently. Jeremy’s claim is that they are personal property.
As explained by by Jackie Ford at lexology.com
“In the current matter pending in Houston, the U.S. Bankruptcy Court for the Southern District of Texas held a debtor’s social media accounts constituted property of the Chapter 11 bankruptcy estate. In In re CTLI Inc., the debtor — CTLI — had, prior to the bankruptcy, run a gun store and shooting range called “Tactical Firearms.” The company’s founder, Jeremy Alcede, had operated Twitter and Facebook accounts promoting Tactical Firearms. The court ordered Alcede to turn over passwords for the Twitter and Facebook accounts to CTLI. Alcede refused, saying the accounts were personal to him and not the property of the company, and that the company-related information on the sites was inextricably intertwined with his personal information. The court disagreed, ruling that “business social media accounts are property interests.”“
So let me get this straight. If I have a blog, and I use it to help promote my business, which is a part of my free speech, It just magically becomes a part of the business real estate?
If I have a YouTube account, and I use it to help promote my business, which is a part of my free speech, It just magically becomes a part of the business real estate?
Following the judges order would also violate the Facebook TOS. Facebook does not allow an account to be assigned to another party without the written permission of Facebook. If Jeremy turned his account password to another party, as ordered by Judge Jeff Bohm, he would be committing his own identity theft on Facebook. It would allow the party receiving the account to impersonate Alcede to his entire list of friends.
“If this judge is able to force me to surrender my Facebook account password,” Alcede told Natural News, “it would set a dangerous precedent that could see federal courts seizing social media accounts from any person targeted by the government, in gross violation of due process and their First Amendment rights.”
The gun store gained a national attention and an Internet following as Alcede posted photos of the Tactical Firearms marque that featured attacks on Barack Obama.
Jeremy gained attention last February as well. As Joe Newby reports in the Examiner, Piers Morgan and CNN misled him and then “completely misrepresented” Jeremy’s message on Morgan’s program.
CNN said they would air the segment live, instead they chopped up his remarks and painted Alcede in a bad light.
“The points that I did make were just garbled to the point that people were asking why was I speaking in broken sentences, and I said, look back at the video and you’ll see, in one instance I’m wearing glasses, one I’m not. One hearing protection, one not. They just chopped it up so bad it wasn’t even funny,” he said.
“They completely misrepresented what I wanted to get across, completely,” he added.
Alcede’s attorney Leif Olson said He expects Alcede will continue to refuse the order to turn over passwords because the accounts are personal.