Hawaiian Airlines
Robert Konop, an employee of Hawaiian Airlines, Inc., created and maintained a website where he posted content that was critical of his employer, its officers, and the incumbent union. Konop, through his website, encouraged Hawaiian Airlines employees to consider a different union for representation because the current union supported certain labor concessions that Konop opposed. Konop created a secure website that required visitors to log in using their names and then by creating a password. He created a specific list, composed mostly of Hawaiian Airlines pilots and other employees, who could access the website. Only those people who were eligible to see the website could log on. Once a user logged on, he or she had to accept the site's Terms and Conditions, which prohibited any Hawaiian Airlines management from seeing the site, and prohibited any disclosure of the site's contents to anyone else.