U.S. Supreme Court Upholds Employer’s Inspection of Employee Text Messages

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This morning, the United States Supreme Court issued its opinion in the closely watched matter of City of Ontario v. Quon.1 This case raised the question of whether a public-sector employer violated an employee’s Fourth Amendment privacy rights when it reviewed personal text messages that he sent and received on his employer-owned pager. As explained below, the Court rejected the employee’s privacy claim, concluding that the employer’s inspection of the text messages was conducted in a lawful manner. This decision provides valuable guidance for employers with respect to monitoring of employees’ electronic communications.

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