MADISON, Wis. -- The Wisconsin Supreme Court has upheld a lower court ruling that cleared the way for identity theft charges against a man accused of driving his boss to suicide.

Christopher Baron admitted hacking into the work e-mail of his boss Mark Fisher and forwarding e-mails that suggested Fisher was having an extramarital affair.

Fisher was director of the city of Jefferson's Emergency Medical Service program. He committed suicide the day after the e-mails were sent.

A state appeals court ruled last year that Baron could be charged with identity theft and the Supreme Court on Tuesday agreed. A lower court had said Baron couldn't be charged with that because his action was protected under the First Amendment.