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Free Speech

Disclosing One's HIV Status Isn't Criminal Harassment of Ex

Eugene Volokh | 6.17.2026 5:28 PM

From In re Gregorwicz v. Villa-Kennedy, decided today by Arizona Court of Appeals Judge Veronika Fabian, joined by Presiding Judge Michael J. Brown and Vice Chief Judge David D. Weinzweig:

[An] order of protection was based on the superior court's finding that Father's social media post, which disclosed his own HIV status and identified Mother as a former partner, was criminal harassment. Because Father's social media post was protected free speech, this Court vacates the order of protection….

Mother and Father were at one time in a relationship, which resulted in the birth of their child in 2024.

In May 2025, Mother posted a message on social media from an account with the name "Shelby Starbuck" to a group of more than 600 members. The post included an image of an HIV negative patch and this text:

Ordering a bunch of these lmao. Im sure you'd be surprised which of your friends cant wear it, but hey lets be transparent. Be safe out there! If anyone wants one lmk

Days later, Father posted his own message, using his real name, to the same group, which read:

It has come to my attention that there is someone in this group that has taken the liberty to share some deeply personal information with members that shouldn't have been. With that said….

I had a relationship with Shelby Starbuck. And prior to that relationship even becoming a relationship I........

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