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Ballard Spahr LLP

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

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Summary - An opinion about a category of unprotected speech called “true threats” sheds light on how a majority of the justices may view New York Times v. Sullivan, a key defamation case. It also resolves a split over the...more

Fox Rothschild LLP

The U.S. Supreme Court Creates a Problem it Sought to Solve

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With a few exceptions the Supreme Courts of the United States both in Washington and 50 state capitals are courts of “limited jurisdiction.” That is to say that they don’t hold trials and they essentially determine what cases...more

Seyfarth Shaw LLP

Bitter Medicine: Third Circuit Holds Officers Disciplined for Offensive Social Media Posts Stated a First Amendment Claim

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook posts stated a First Amendment claim...more

Saiber LLC

The Supreme Court Gets a Second Shot at an Important First Amendment and Social Media Issue

Saiber LLC on

The May 10, 2021 post The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court reported how the U.S. Supreme Court dismissed Knight First Amendment Inst. at Columbia University v. Trump, in which the...more

Womble Bond Dickinson

Pick Your Poison

Womble Bond Dickinson on

How would you prefer to be manipulated? If we weight your social media feed on what we know you like to see, then you will be showered with commercial clickbait. If we weight your social media feed by what is likely to spark...more

Bilzin Sumberg

Federal Court Blocks Florida Law Aimed at Social Media Giants

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A federal judge recently blocked a Florida law that would have penalized social media companies for removing, or refusing to publish, posts by politicians. Florida legislators approved the legislation after Facebook, Twitter...more

Bilzin Sumberg

Industry Groups File Lawsuit Challenging Florida Social Media Law

Bilzin Sumberg on

On May 24, 2021, Florida’s governor signed into law legislation prohibiting social media companies from blocking political candidates seeking to use those companies’ websites to communicate with the sites’ users. Almost...more

FordHarrison

The First Amendment: Where it is Implicated, and Where it is Not

FordHarrison on

Executive Summary: In the wake of the January 6, 2021, unrest at the United States Capitol Building and several social media outlets suspending President Trump’s accounts, free speech is a hot topic. Although the right to...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #258 – Misinformation on Social Media

The misinformation on social media about the election results (and other topics) is rampant. Social media companies like Twitter and Facebook are struggling with the balance between the First Amendment right to free speech...more

Mintz - ML Strategies

Twitter, Facebook, Google Heads Testify on Section 230 and Local Journalism

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On Wednesday, October 28, the Senate Committee on Commerce, Science and Transportation held a much-anticipated hearing titled, “Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?” The witness line-up featured...more

Roetzel & Andress

Public Employee Loses First Amendment Retaliation Claim After Publicly Posting A Racial Slur On Facebook That Caused Sufficient...

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The Sixth Circuit Court of Appeals, in Bennett v. Metro. Gov’t of Nashville, recently addressed the issue of whether a public employee’s use of a racial slur when discussing politics on Facebook is sufficiently protected by...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 7, September 2020

U.S. Judge Halts Trump's TikTok Ban, Hours Before It was Set to Start - "John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a 'modern day version of the town square' and shutting...more

Tucker Arensberg, P.C.

Public Employee’s Social Media Post Justifies Discharge

Tucker Arensberg, P.C. on

Carr v. PennDOT, 2020 WL 2532232 (Pa. 2020) (Pennsylvania Supreme Court sustains the termination of employment of a public employee for a social media post). Background - The Pennsylvania Department of Transportation...more

Payne & Fears

Supreme Court Makes More Robocalls Illegal and Will Determine What Is a Robocall Soon

Payne & Fears on

Since 1991 the Telephone Consumer Protection Act, or TCPA, has regulated robocalls, which are loosely defined as calls or texts using automatic telephone dialing systems (a/k/a an “autodialer”). In 2015, Congress excluded...more

Hinshaw & Culbertson - Consumer Crossroads

SCOTUS Decides Federal Debt is not Exempted from TCPA, While FCC Autodialer Declaration Further Alters TCPA Landscape

With a major U.S. Supreme Court decision leading the way, recent developments continue to reshape the landscape of the Telephone Consumer Protection Act (TCPA)....more

Nossaman LLP

Compliance Notes – Vol. 1, Issue 6

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Welcome to Volume 1, Issue 6 of Compliance Notes from Nossaman’s Government Relations & Regulation Group – a periodic digest of the headlines, statutory and regulatory changes, and court cases involving campaign finance,...more

Butler Snow LLP

Nashville Trump Supporter Fired Over Facebook Post Wins Trial

Butler Snow LLP on

Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

Wilson Sonsini Goodrich & Rosati

Second Circuit Affirms That President Trump Cannot Block Critics on Twitter

In a closely watched case, the Second U.S. Circuit Court of Appeals held on July 8, 2019 that President Trump violated the First Amendment by blocking disfavored users on his @RealDonaldTrump Twitter account. This important...more

Hogan Lovells

Practical Pointers: Social Media Guidelines for Public Officials (and the People who Advise Them)

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Social media has transformed the ways legislators and their staff interact with constituents. Through social media platforms, our elected officials share insights into the legislative process, communicate with constituents,...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Holds That Blocking Users’ Access To Presidential Twitter Account Violates First Amendment

On July 9, 2019, the U.S. Court of Appeals for the Second Circuit held that the First Amendment prohibits the government from blocking social media users from accessing the Twitter account @realDonaldTrump. See Knight First...more

Burr & Forman

Ninth Circuit Finds that the TCPA Debt Collection Exception Violates the First Amendment

Burr & Forman on

Last month, in Duguid v. Facebook, Inc., 17-15320, 2019 WL 2454853 (9th Cir. June 13, 2019), the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) held that the debt collection exception to the Telephone...more

Ballard Spahr LLP

Ninth Circuit Reaffirms Its Broad Definition of ATDS in TCPA ; Rules Government Debt Exception Unconstitutional

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A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Duguid v. Facebook, Inc., has reaffirmed the broad reading of the Telephone Consumer Protection Act’s (TCPA) definition of an automatic...more

Fox Rothschild LLP

First Amendment Protects Negative Comments On Government Official’s Facebook Page

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In a decision that should serve as a warning to any school board member who communicates by social media, a federal appeals court ruled that a public official who established an official government Facebook page had created a...more

Obermayer Rebmann Maxwell & Hippel LLP

Employers Beware: Can You Legally Terminate an Employee for a Controversial Facebook Post?

In this era of social media, it has become quite common for employees to post information online about their personal lives, their political views, and information related to their jobs. Social networks have increasingly...more

Best Best & Krieger LLP

The Public Square Has Gone Online - BB&K Attorneys Christine Wood And HongDao Nguyen Write About Public Officials’ Social Media...

Social media is the modern-day public square. Facebook, Twitter and other social media platforms have effectively harnessed technology to turn communication into an interactive dialogue — fundamentally shifting the way...more

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