Tag Archives: First Amendment

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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.

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A seemingly innocent post on Facebook blowing off a little steam which you may think is just being seen by your friends could land you in hot water. While context and privacy settings will ultimately be considered, you could find yourself in court before that happens if someone takes an idle post more seriously than you mean it. Robert Hilson looks at the issue in his article “Posting Idle Facebook Threats May Land Social Media Users in Law Enforcement Crosshairs.”

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A recent story in Time by Didi Tang with contributions from Gillian Wong, “U.S. Consulate’s Account Disappears from Chinese Social Media Site”, reveals that an American Consulate’s microblog from Beijing has suddenly disappeared fom the Internet due to mysterious “technical problems”. This appears to be a common problem with blogs that post on topics that are considered taboo. American should not expect to enjoy the same rights they experience at home even while on social media.

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Indian Interior Advisor Rehman Malik says social media must be regulated. Read more here.

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A New Jersey law seeks to prevent employers from requiring prospective employees to hand over their social media passwords to enable the potential employer to thoroughly search those sites. Ramon Rivera’s article, “New Social Media Rule for New Jersey Employers Passes Assembly”, doesn’t indicate that legislation is pending in the state’s Senate, however.

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Both public and private schools in Delaware are now subject to a law which prohibits them from requiring students to surrender their social media passwords. California and Maryland are debating similar legislation to protect student privacy. Neha Prakash discusses the issues in “Delaware Law to Give Students Increased Online Privacy.”

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As a follow up to yesterday’s post on Twitter’s refusal to simply turn over your tweets to the Court, today we are providing a link to Twitter’s first Transparency Report. The report lists government requests for information, government requests to withhold information, and DMCA takedown notices received from copyright holders. The report is helpfully broken down by country. The blog post by Jeremy Kessel also announces a new partnership with Herdict, a Harvard-based initiative that “seeks to gain insight into what users around the world are experiencing in terms of web accessibility.”

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According to Twitter’s terms of service, users own their tweets, but Judge Matthew Sciarrino has issued a subpoena requiring Twitter to release tweets in relation to the Occupy movement in New York. In his decision, Judge Sciarrino states that users have no reasonable expectation of privacy once they post. Twitter, however, maintains that the issue really centers around ownership of the tweets and that rests firmly with users: the tweets simply aren’t Twitter’s to turn over. Read the full story here.

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Ever wonder what your clients are thinking or saying about a particular issue? Social media makes it easy to find out as proven by the number of tweets, posts, blogs, etc that were devoted to Thursday’s Supreme Court ruling on the Affordable Care Act. Naturally, it’s helpful to know how your clients feel about certain issues, but it’s also good to know how they are expressing themselves. Deanne Katz’s article, “Everyone Has a Social Media Opinion on the Health Care Ruling, ” examines some of those comments.

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Should your employer have a say over what you post in your personal blog? Natalie Monroe is suing her Philadelphia school board for firing her over negative comments about her students that she posted on her blog. The school board contends that the blog did not factor into the firing. Read the Associated Press Wire Report, “Pa. Teacher Suspended for Blog, Now Fired, Is Suing.”

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