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N.J. App. Div. Permits Teacher’s Defamation Suit Based on Social Media Posts to Proceed

On October 24, 2024, the Appellate Division in New Jersey issued a decision in Herman v. Muhammad affirming a trial court’s denial of a motion to dismiss a defamation and false light invasion of privacy action filed by a...more

11/1/2024 / Defamation , Facebook , False Light , Instagram , Invasion of Privacy , Social Networks

Appellate Division Upholds Termination of Employee Based on Her Facebook Posts

On March 21, 2024, the New Jersey Appellate Division issued a decision in Zack v. Integra Lifesciences Corp. in which the court upheld the termination of a White woman based on public posts she made on Facebook during...more

4/9/2024 / Civil Rights Act , Diversity , Diversity and Inclusion Standards (D&I) , Employment Litigation , Facebook , Free Speech , Hiring & Firing , Offensive Language , Public Statements , Termination

The Supreme Court Addresses The First Amendment and Stalking via Facebook

On June 27, 2023, the Supreme Court of the United States decided Counterman v. Colorado, holding, among other things, that the First Amendment required the criminal conviction of a man found guilty of stalking a woman through...more

1/11/2024 / Counterman v Colorado , Criminal Convictions , Electronic Communications , Facebook , First Amendment , Reasonable Person Test , SCOTUS , Stalking , Vacated

Wiretap Order, not a Search Warrant, Needed to Obtain Certain Information from Facebook

The April 18, 2022 Trending Law Blog post discussed how, in Facebook, Inc. v. State of New Jersey, the New Jersey Appellate Division held that a communications data warrant, rather than a wiretap order, was required for law...more

7/27/2023 / Electronic Communications , Electronically Stored Information , Evidence , Facebook , Law Enforcement , Privacy Laws , Probable Cause , Search Warrant , Surveillance , Wiretapping

Social Media Influencer Sues Facebook and Twitter

In Hart v. Facebook Inc., et al., the United States District Court for the Northern District of California dismissed a social media influencer’s lawsuit against Facebook and Twitter for allegedly violating his First Amendment...more

4/12/2023 / Biden Administration , Coronavirus/COVID-19 , Dismissals , Facebook , False Statements , First Amendment , Influencers , Social Networks , State Action Doctrine , Twitter

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

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

12/12/2022 / Blocking Power , Donald Trump , Facebook , First Amendment , Free Speech , Petition for Writ of Certiorari , Public Forum , Public Officials , Social Media , Twitter

A Possible ‘High Noon’ for Social Media Platforms Looms at the Supreme Court

The August 13, 2021 Trending Law Blog post discussed how, in NetChoice, LLC v. Attorney General, State of Florida, the United States District court for the Northern District of Florida enjoined Florida from enforcing a law...more

11/18/2022 / Appeals , Facebook , First Amendment , Petition for Writ of Certiorari , Social Media , Social Networks , Split of Authority , Twitter

Section 230 Dodges Another Judicial Bullet

The June 10, 2020 and July 22, 2019 posts on Trending Law Blogs discussed, among other things, how Section 230 of the Communications Decency Act, 47 U.S.C. §230 (c)(1) (hereafter “§230”), has come under attack by politicians...more

8/24/2022 / Communications Decency Act , Facebook , Immunity , Online Platforms , Petition for Writ of Certiorari , Section 230 , Social Media , User-Generated Content

A Communication Data Warrant or Wiretap Order - Which is needed for Law Enforcement to Obtain ESI from Facebook?

In a recent case decided by the Appellate Division in New Jersey, Facebook, Inc. v. State of New Jersey, the court considered whether communication data wire warrants (“CDWs”) or wiretap orders had to be served on Facebook...more

4/19/2022 / Criminal Prosecution , Electronic Communications , Electronically Stored Information , Facebook , Law Enforcement , Search Warrant , Wiretapping

Will a Decision of the High Court of Australia in a Case Involving Defamation and Social Media Have Ramifications Elsewhere?

On September 8, 2021, the High Court of Australia ruled 5-2 in Fairfax Media Publications Pty Ltd. v. Voller that media companies in Australia could be held liable for defamation as a result of comments left by third-parties...more

10/14/2021 / Advertising , Australia , Corporate Counsel , Corporate Liability , Defamation , Facebook , High Court of Australia , Media , Publishers , Social Networks

An Attorney’s Consequences for Making Injudicious Comments on Social Media

In a 28 page decision issued earlier this year, which the Supreme Court of Tennessee described as “a cautionary tale on the ethical problems that can befall lawyers on social media,” the court increased a lawyer’s 60 day...more

7/27/2021 / Continuing Legal Education , Facebook , Legal Ethics , Professional Disciplinary Actions , Rules of Professional Conduct , Social Networks , Suspensions , TN Supreme Court

Robert Nussbaum

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