Gervase de Wilde provides a very useful summary of some recent, important cases from the Supreme Court concerning First Amendment rights. In addition, the article covers recent cases that deal with defamation, libel, privacy, and other social media generated concerns. The article, “US Freedom of Expression and Media Law Round-Up”, provides a good synopsis of cases you should be aware of.
Not everyone is obsessed with social media, and in fact, some attorneys may not be interested in it at all. Older attorneys, in particular, may not embrace this new phenomenon, but it is becoming increasingly important in almost every facet of practice from maintaining client relationships to evidence in court. Andrew Lu provides “An Older Attorney’s Guide to Ethical Social Networking” that is useful for attorneys of any age.
California is poised to pass SB1349 which would make it illegal for colleges or universities to demand students reveal their social media passwords. Lori Pruitt’s article “Law Would Ban College From Getting Social Media Passwords” looks at this timely back-to-school issue.
The Fourth Circuit reports that “the Judicial Conference Committee on Court Administration and Case Management… has proposed model jury instructions regarding electronic technology use during trial.” This is an attempt to give concrete guidelines to jurors in regards to the use of social media during trial. Robyn Hagan Cain’s article “Will Proposed Model Jury Instructions Combat Social Media in Court?” looks at the issue.
If you use social media for advertising, there are some legal issues that you should be aware of. Some users of social media like Pinterest may not realize that their posts could be construed as advertising. These users can also benefit from this quick primer of do’s and don’ts from Jennifer L Gregor: “Prevent Advertising Legal Errors in Social Media.”
Because Facebook is a US based company, other countries have had difficulty in applying their own laws to disputes over content posted on the social media site. A recent controversy over The Aboriginal Memes Facebook page saw the Australian poster using US free speech protections to avoid Australian anti-discrimination laws. For the full story, read Rod McGuirk’s article “Facebook Pressured to Remove Page Deemed Racist.”
Social media is being used to help facilitate voting come November. Pennsylvania is particularly reaching out to let voters know about the new voter ID law through Facebook and Twitter. Read the press release from the Pennsylvania Department of State for the full story.
A recent case concerned the use of an engagement photo. Public Advocate defended its unauthorized use of the photo as parody. The owner of the photo responded through a common law right of publicity claim. Marie-Andree Weiss’ article “When Your Engagement Photo Becomes a Political Ad: Parody and Right of Publicity” looks at the issues in depth.
Here are two articles that look at who may be responsible for your Facebook posts. Katie Anderson’s article, “Fishing On Facebook May Put Employers ‘On the Hook'”, explores the legal ramifications of employers sifting through employees’ Facebook accounts. Hayes Hunt and Jillian R. Thornton’s article “Facebook and Twitter Subpoenas, Privacy and The Law”, takes another look at who controls the “private” information you post and tweet. Issues of control and privacy are continuing to evolve, and it’s increasingly important to keep abreast of how courts may be evolving in their responses.
Even law school libraries are utilizing social media to connect with their patrons. Indiana University’s Maurer School of Law devotes a page of their website to their social media offerings, which include a blog, Facebook, Twitter, and somewhat surprisingly, YouTube. Follow the link to learn more.