Deborah Ehling, a registered nurse and paramedic who worked at the Monmouth-Ocean Hospital Service Corporation (MONOC) reacted on her Facebook page to a shooting. Her Facebook privacy settings limited access to just “friends.” Management members were not included on her list of friend connections. A hospital supervisor forced a coworker and friend of Ehling to access his account so that she could view Ehling’s Facebook wall. The supervisor copied Ehling’s postings, including the following one regarding the shooting: 

An 88 yr old sociopath white supremacist opened fire in the Wash D.C. Holocaust Museum this morning and killed an innocent guard (leaving children). Other guards opened fire. The 88 yr old was shot. He survived. I blame the DC paramedics. I want to say 2 things to the DC medics. 1. WHAT WERE YOU THINKING? and 2. This was your opportunity to really make a difference! WTF!!!! And to the other guards go to target practice.

MONOC sent letters with this posting to the boards that regulate nursing and paramedics in New Jersey. MONOC told the boards that it was concerned that this posting showed a disregard for patient safety. 

Ehling alleged that these letters were sent in a malicious attempt to damage her reputation and possibly cause her to lose her license. She filed suit against MONOC, alleging a violation of the tort of intrusion. The hospital filed a motion to dismiss, arguing that she did not have a reasonable expectation of privacy in her Facebook posting. 

Questions:

1. Did Ehling have a reasonable expectation of privacy in her Facebook comment?

2. What are the elements for a claim of intrusion in this case?

3. Are expectations of privacy governed by subjective or objective standards?

4. What is the concept of “limited privacy?”