Social Media Showdown II

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Sherman & Howard L.L.C.

TheBlaze, Inc. and Glenn Beck (collectively “TBI”) have squared off against Tomi Lahren over a Facebook page. As reported earlier, Lahren sued TBI, claiming among other things, that they were blocking her access to social media.  TBI has responded with a counterclaim against Lahren.

TBI asserts that they are in full compliance with Lahren’s employment agreement: they continue to pay her until her contract expires in September; they just are not broadcasting her opinions.  Lahren, they say, is in breach of the same agreement because she has made unauthorized, public disclosures about TBI and because she has made (and is scheduled to make) personal appearances without TBI’s permission (as required by the contract).

As for the Facebook page, TBI declares that it created, owns and administers the Facebook page; that Lahren, and other TBI employees, have editorial rights for the page; and that TBI merely won’t let her post statements on the page that violate her contract.  The unspoken issue, of course, is what happens to the 4 million people who “like” her posts on the page.  Should TBI have to transfer rights to the page so followers don’t have to go look for Lahren’s personal social media sites?

What do you think?  It’s her name and image on the page, but TBI contracted for the rights.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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