News & Analysis as of September 24, 2024

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Social Media Influencer Sues Facebook and Twitter

Saiber LLC on 4/12/2023

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

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

Saiber LLC on 11/18/2022

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

Pick Your Poison

Womble Bond Dickinson on 11/3/2021

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

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

Roetzel & Andress on 10/14/2020

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

Public Employee’s Social Media Post Justifies Discharge

Tucker Arensberg, P.C. on 8/26/2020

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

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

Obermayer Rebmann Maxwell & Hippel LLP on 1/25/2019

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

Politicians in Cyberspace: Fourth Circuit Holds That First Amendment Bars Officials From Blocking Users On Social Media

Poyner Spruill LLP on 1/15/2019

The Fourth Circuit has held that a Virginia politician who temporarily barred a constituent from her Facebook page violated the First Amendment. The ruling is the first appellate guidance analyzing the knotty issue of whether...more

Federal Court rules that Elected Official Violated First Amendment when Banning Commenter on the Official’s Public Facebook Page

Tucker Arensberg, P.C. on 8/4/2017

The District Court for the Eastern District of Virginia issued a recent decision that that should remind public officials and employees that if they have social media websites (Facebook, Twitter, etc.), the websites may be...more

SCOTUS Gets Social: Does the First Amendment Protect the Right to Post, Snap and Chat?

BCLP on 6/26/2017

The U.S. Supreme Court has issued one of its first decisions addressing the relationship between the First Amendment and the Internet. In Packingham v. North Carolina, 582 U.S. ___ (June 19, 2017), the Court holds that a...more

Supreme Court Declares First Amendment Interest in Access to Social Networks

Fenwick & West LLP on 6/23/2017

The internet has become so essential to American public discourse that saying so is almost trite now. Members of Congress regularly use social media to engage with constituents. The President has turned Twitter into one of...more

Is There A Right To Facebook In The Constitution? North Carolina Cyberlaw Goes To The United States Supreme Court.

Poyner Spruill LLP on 11/7/2016

The Supreme Court of the United States has just agreed to the hear Packingham v. United States. The grant of certiorari reflects the increasing integration of cyberlaw with mainstream constitutional litigation. Packingham,...more

North Carolina Cyberbullying statute struck down as unconstitutional

Robinson+Cole Data Privacy + Security Insider on 6/27/2016

On February 9, 2012, Robert Bishop was arrested and charged with one count of cyberbullying under the North Carolina Cyberbullying statute, which states that it is “unlawful for any person to use a computer or computer...more

Friday Links

Morrison & Foerster LLP - Social Media on 4/15/2016

We’re trying something new here at Socially Aware: In addition to our usual social-media and tech-law analyses and updates, we’re going to end each work week with a list of links to interesting social media stories around the...more

How Does the Supreme Court’s Recent Facebook Decision Impact Schools?

Franczek P.C. on 6/3/2015

In a recent decision, Elonis v. United States, the U.S. Supreme Court held that in order to convict a man for alleged threats made against his wife on Facebook, the prosecutor must show some level of intent. It was not enough...more

Crying Over (Virtual) Spilled Milk: ACLU Sues School District For Firing Employee Who Posted Vegan Beliefs Online

Franczek P.C. on 3/25/2015

A recent lawsuit out of Ohio brings a local flare to what has otherwise become a relatively common story. We’ve all heard of teachers being disciplined or dismissed for posting something thoughtless online that led to...more

Social Media Freedom of Expression Cases Pit the Public Against Public Officials

Best Best & Krieger LLP on 7/30/2014

In perhaps the next battleground for government and education, citizens who comment on social media sites are facing off with local government officials public and school administrators who find their online expression...more

Status Updates - July 2014 #2

Morrison & Foerster LLP - Social Media on 7/8/2014

..The New York Court of Appeals has struck down that state’s “cyberbullying” law in a 5-2 decision, finding that it is overly broad and chills First Amendment-protected speech. The case arose when a 15-year-old boy pleaded...more

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