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more so pate overage and he said i'll pay the overage. because he paid the extra, he said he was under the understanding that these things would be private. i'm guessing he wouldn't have sent to his mistress. >> that's the testimony he gave at a jury trial and they believed him. a jury decides to side with the police officer. that's the the you united states district court. the supreme court here's a reversal and the employee will prevail where there's a expectation of privacy like you're paying for the time so it's yours. that's different from the model at fox where the boss pace for everything. >> shepard: the reason they pay for everything is because the boss says we want to be able to get in touch with you anytime and you have to keep this next to you. there are a lot of rules with these. you sign up for them and say they're fair and agree.

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