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Social Media Policy First Amendment

Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media... more +
Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media accounts and profiles. The development and enforcement of Social Media Policies can be a controversial issue. For example, some Social Media Policies have been subjected to scrutiny by the National Labor Relations Board for being reasonably interpreted as discouraging "protected concerted activity."  less -
Fisher Phillips

Election Season in the Workplace: Employers’ Essential FAQs for 2024

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The election season promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that the...more

Littler

Politics in the Workplace and the Risks of Social Media

Littler on

In 2017, former Supreme Court Justice Anthony Kennedy noted in Packingham v. North Carolina that the most important place for the exchange of ideas is no longer the physical town square but cyberspace and, in particular,...more

Cranfill Sumner LLP

Defamation and Reputation Management in the Digital Age

Cranfill Sumner LLP on

Defamation is the act of communicating false statements about a person that injures their reputation. Legal protections for a person’s reputation go back to common law and were well developed over the past two centuries....more

Napoli Shkolnik

Controls on Social Media Use are Taking Hold—at School

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As the inherent risks of social media use become more broadly understood, pressure is building on government bodies at every level to enact effective regulations. There has been some action at the federal level: both the...more

Tucker Arensberg, P.C.

Supreme Court Addresses Social Media Usage by a Public Official

Lindke v. Freed, 2024 U.S. LEXIS 1214 (2024) (A public official who blocks someone from commenting on the official’s social-media page engages in state action under 42 U.S.C. § 1983 only if the official both 1) possessed...more

Franczek P.C.

How to Identify State Action in the Context of Public Officials Using Social Media

Franczek P.C. on

Social media has given public officials the ability to share information quickly and easily with their constituents and followers, even on their own personal Facebook and other social media accounts. When using a personal...more

Fisher Phillips

Election Season in the Workplace: Employers’ Essential FAQs for 2024

Fisher Phillips on

The coming election year promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that...more

Pullman & Comley - School Law

Are Your District's Social Media Accounts a Ticking Legal Time Bomb?

While district-controlled Facebook, Instagram and Twitter/“X” accounts can certainly be a great tool for engaging stakeholders – particularly Gen X and Millennial parents – it is important for board members and administrators...more

TNG Consulting

Federal Appeals Court OKs Expulsion for High Schoolers’ Instagram Posts

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The School Board expelled two students, Epple and Chen, after their violent and racist Instagram posts about classmates circulated around their high school. The students challenged the school board’s ability to discipline...more

Pullman & Comley - Labor, Employment and...

Disciplining Employees for Offensive Private Speech: Connecticut Employers Must Show Workplace Disruption

Employers in Connecticut need to be aware that Connecticut law makes the free speech provisions of both the First Amendment to the United States Constitution and those of the Connecticut Constitution applicable to...more

Cozen O'Connor

Employment Law Now V-96- LOTS of Big Employment Law Developments

Cozen O'Connor on

In today's new episode, Michael Schmidt talks about social media and schools (and what that means for employers generally), spousal claims against employers for getting COVID-19 at home, the withdrawal of the independent...more

Littler

Social and Political Issues and the Workplace - Implications for Employers

Littler on

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets...more

Gray Reed

Falling Off the Fence: Can You Fire Those with Different Viewpoints?

Gray Reed on

Ernest “Big Daddy” Bux’s daughter Kathy “Kitten” was working for Approval Literary Agency in Blessing, Texas – that is until last month. Kitten, an associate literary agent with Approval Literary was sacked after her boss...more

Bradley Arant Boult Cummings LLP

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....more

Fisher Phillips

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

Fisher Phillips on

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

Constangy, Brooks, Smith & Prophete, LLP

Politics in the workplace: A volatile combination!

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

McGlinchey Stafford

Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]

McGlinchey Stafford on

Election season is in full swing and the climate is certainly charged. In this episode of “More with McGlinchey,” Labor and Employment attorneys Mag Bickford, Rasch Brown, Camille Bryant, and Kathy Conklin discuss employees’...more

Constangy, Brooks, Smith & Prophete, LLP

Social Media + Employees = Hot Mess

Can you discipline or fire an employee because of his or her social media posts? Do employees have a constitutional right to say whatever they want online or at a protest? What blowback might companies face due to negative...more

K&L Gates LLP

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

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Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...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

Seyfarth Shaw LLP

Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post

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Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers....more

Kilpatrick

Social Media Engagement - Top 10 Legal Issues and Risk Mitigation Strategies

Kilpatrick on

While individuals can interact with celebrities, brands, and anyone else on social media with impunity and little legal risk, companies may not. Companies and the brands they manage occupy a different space because companies...more

FordHarrison

Can’t Block This!—Best Practices for Your Company’s Social Media Policy

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Federal Judge Naomi Reice Buchwald ruled that President Trump could not block certain Twitter users from viewing his tweets, and that doing so was in violation of the U.S. Constitution. ...more

Zuckerman Spaeder LLP

Can You Fire Someone For Racist Tweets?

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On May 29, Roseanne Barr posted a tweet comparing former Obama adviser Valerie Jarrett to an ape. ABC’s reaction was swift and decisive: it fired Barr and cancelled her show. ABC’s decision led to pontification from...more

Parker Poe Adams & Bernstein LLP

New Lawsuit Claims First Amendment Protections for Political Speech for Employee of Private Sector Company

Every lawyer learns in their first year of law school’s Constitutional Law class that the First Amendment does not shield people from the consequences of their statements. Free speech guarantees only prohibit the government...more

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