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School Ban on Unprofessional Posts Ok’d

A university may discipline a student for social media posts that violate academic rules based on the ethical code of the profession the student is studying to become part of — Tatro v. University of...

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A Matter of Moderation

The government’s ability to moderate comments on its official Facebook page is challenged — Hawaii Defense Foundation, et al. v. City and County of Honolulu, et al., Civ. No. 12-00469 JMS/RLP A lawsuit...

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UPDATE: A Matter of Moderation

It’s time for updates to my post on the Hawaii case concerning censorship of user comments on the Honolulu Police Department’s Facebook fan page.  First, I’ve obtained a full copy of the complaint...

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The Problem of Flamers Without a Face

Court quashes subpoena to discover identity of anonymous bloggers after ruling that the bloggers’ statements are not defamatory — Somerset Development, LLC v. “Cleaner Lakewood”, 2012 WL 4370271 (N.J....

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The Need For a Disciplined Approach to Cyberbullying

The legal boundaries for school discipline for cyberbullying continues to be unclear — R.S. v. Minnewaska Area School District No. 2149, 2012 WL 3870868 (D. Minn. Sept. 6, 2012); S.J.W. v. Lee’s Summit...

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New North Carolina Law Criminalizes Cyberbullying of School Workers

Cyberbullying is a problem not just for students, but school workers as well (see my post on the R.S. v. Minnewaska Area School District No. 2149 case).  To address that problem, North Carolina...

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Court Recognizes Facebook as an “Interactive Computer Service”

Facebook entitled to Communications Decency Act (CDA) immunity as an “interactive computer service” — Klayman v. Zuckerberg, 2012 WL 6725588 (D.D.C. Dec. 28, 2012) This is one of the few (but growing)...

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First Grade Teacher Loses Tenure For Airing Classroom Frustrations on Facebook

No First Amendment Protection for public school teacher’s comments on Facebook — In re O’Brien, 2013 WL 132508 (N.J. Super. App. Div. Jan 11, 2013) We’ve seen a number of cases in which employees are...

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The Steven Tyler Act: When Celebrity Protection Clashes With the Constitution

The Senate Judiciary Committee of the Hawaii legislature just voted to approve the “Steven Tyler Act” (SB465), an anti-paparazzi law named after the Aerosmith lead singer, who personally showed up to...

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Nevada Court Applies CDA Immunity To a Slew of State Tort Claims

Court Finds That State Law Claims Against Online Forum Operator For Misappropriation, Theft, and Tortious Interference Hinge on “Publisher” or “Speaker” Status–Stevo Design, Inc. v. SBR Marketing Ltd.,...

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Steven Tyler Act Redux: Better But Probably Still Unnecessary

Creative Commons image courtesy of Daigo Oliva on Flickr The Hawaii anti-paparazzi bill eponymously named after its chief supporter is back after getting an extreme makeover, and it just took another...

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Lawsuit filed by creator of Facebook news site warns public employers to...

“It’s my First Amendment right to say what I want!”  The First Amendment is commonly invoked to justify personal expression.  But did you know that the First Amendment applies only when the government...

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Court Turns Down the Volume on Audio Company’s Effort to Discover Identity of...

Say you’re the president of Diamond Staffing Services. One morning, your phone is flooded with Twitter notifications. A few taps leads you to the source of the buzz: Someone opened a Twitter account...

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Police officer suspended for controversial Facebook posts allowed to go to...

It’s generally a good practice to set standards of online employee conduct to prevent the social media activity of employees from disrupting the workplace or tarnishing your organization’s reputation....

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