Social Media, Political Speech

10 social media tips for employers and employees

Constangy, Brooks, Smith & Prophete, LLP on 6/28/2024

Want to stay out of trouble? Read on! Did you know that this Sunday will be "Social Media Day"? Neither did I. But even after all this time, social media continues to get employees and employers in trouble. Here are six...more

Part 4 – Section 230: 27 Years Old And Still In The Spotlight

Morrison & Foerster LLP - Social Media on 5/30/2024

In our fourth installment of our six-part series examining Section 230—the segment of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from content created by third...more

EntertainHR: Can Employers Do That? The Limits of Free Speech

FordHarrison on 1/17/2024

Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more

New York Employers Take Note: Another Slew of Laws Have Been Passed

Cole Schotz on 10/5/2023

In recent weeks, New York enacted various employment laws that provide additional protections for New York employees. After reviewing the below, which summarizes the new laws in descending order of effective date, employers...more

Decoded: Technology Law Insights - V 4, Issue 4, April 2023

Spilman Thomas & Battle, PLLC on 4/25/2023

Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more

SAY WHAT??—Defamation in an Era when Content Is King

Spilman Thomas & Battle, PLLC on 4/25/2023

On April 18, 2023, Fox News agreed to pay Dominion Voting Systems a staggering $787.5 million to settle a defamation lawsuit. Particularly startling about the settlement is that Dominion was valued at around $51 million as...more

Is The California Secretary of State Monitoring What You Publish Online?

Allen Matkins on 3/14/2023

In 2018, the California legislature established a "ministry of truth" within the California Secretary of State's office - the Office of Elections Cybersecurity. By statute, the OEC has a duty “to monitor and counteract false...more

Supreme Court Is Positioned To Consider The Future Of The First Amendment Online

Davis Wright Tremaine LLP on 7/29/2022

A series of recent and dramatic developments have squarely raised the question of how much latitude the government has under the First Amendment to regulate social media platforms. It will likely not be long before this issue...more

Hashtags and Headlines: The Rise of Social Media

Venable LLP on 1/20/2022

Social media platforms continue to be a useful way to share information, keep in touch with friends and family, and even promote an independent school; however, they also can continue to create headaches for independent...more

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

FordHarrison on 1/12/2021

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

A Dealership’s Guide To Social Media, Free Speech, And The Election

Fisher Phillips on 11/2/2020

You just learned that one of your employees expressed their opinion about the election on social media. Their unfiltered post includes slurs, and it is inflammatory at best. Had they made these same comments while at work,...more

Politics in the workplace: A volatile combination!

Constangy, Brooks, Smith & Prophete, LLP on 10/30/2020

On the eve of Election Day, what can employers do to keep their workplaces from exploding? What workplace speech is protected by the First Amendment or the National Labor Relations Act? When do political social media posts...more

Understanding Employers’ Right To Impose Limits On Political Activities In The Workplace

Husch Blackwell LLP on 10/27/2020

As the 2020 general election approaches with many employees working remotely and participating on social media platforms, employers can anticipate that employees will engage in political speech and activity in the workplace....more

They Said What? First Amendment Issues in 2020

Franczek P.C. on 10/16/2020

A presidential election like no other in history, a global pandemic causing an unprecedented economic and emotional toll on our communities, and a remote learning environment where virtual communication reigns, whether in the...more

Employers Grapple with Workers’ Off-Duty Behavior

McDermott Will & Emery on 10/13/2020

Employees gathering with friends, expressing their political views and posting about these things on social media have created for employers an increasingly urgent question: When the people engaging in unsafe or politically...more

Election Season and the Workplace, Part 1: Employee “Free Speech” and Political Activities

Proskauer - Law and the Workplace on 10/5/2020

With Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around...more

Compliance Notes – Vol. 1, Issue 23

Nossaman LLP on 10/1/2020

Welcome to 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, lobbying compliance,...more

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

Seyfarth Shaw LLP on 9/28/2020

Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

Five Issues for Employers to Consider as Political and Social Activism Surges in the Workplace

Hinshaw & Culbertson - Employment Law... on 9/23/2020

Six months into a global pandemic, employers across the United States continue to deal with a series of new economic realities. More employees are working from home, with companies continuing to reevaluate their business...more

Compliance Notes – Vol. 1, Issue 16

Nossaman LLP on 8/14/2020

Welcome to 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, lobbying compliance,...more

[Webinar] Politics in the Workplace: Navigating Employee Discourse in Contentious Times - June 26th, 10:00 am - 11:00 am PDT

Payne & Fears on 6/12/2020

While navigating political expression in the workplace has always been difficult, a number of evolving factors have amplified the challenges for both employers and employees. Please join us for a complimentary one-hour...more

Social Media › Political Speech