Social media sites have become the new “public square” where individuals share opinions and information about all types of political and societal events. Public sector employees, as much as anyone else, use social media to post viewpoints and to participate in public debate. Problems arise, however, when a public employee posts harsh, derogatory, defamatory, or
A SWAT Sniper’s First Amendment Rights Impact a Police Department’s Ability to Discipline Him For a Facebook Posting
In 2015, someone shot a police officer and a suspect was later arrested. While off-duty, a SWAT sniper commented on a friend’s Facebook post which linked to an article about the shooting. He wrote, “It’s a shame he didn’t have a few holes in him.” An anonymous tip came in about the post, there was
Government-Hosted Social Media – How To Avoid First Amendment Claims
This post was authored by David Urban.
Social media and the First Amendment is a fascinating and quickly-developing area of the law. All types of business organizations have a social media presence, for example, a Twitter page or Facebook account, and often on their own websites invite the public to comment. The same is
A “Like” on Facebook is Protected Speech Under the First Amendment
“Liking” something on Facebook is a form of speech protected by the First Amendment, the U.S. Court of Appeals ruled in Bland et al. v. Roberts, Appeal Number 12-1671, on September 18, 2013. In doing so, the Court sided with three of six former deputy sheriffs in Virginia who sued for free speech violations
New California Laws Limit Access to Employee, Student Usernames and Passwords
Governor Jerry Brown last week signed two new privacy laws that will go into effect January 1, 2013. AB 1844 and SB 1349 prohibit employers, colleges and universities from requiring or asking prospective and current employees and students to disclose social media usernames and passwords. It also prohibits requiring or requesting employees and students to
New Maryland Law Prohibits Employers from Asking for Social Media Passwords
Maryland recently became the first in the nation to ban employers from asking job applicants and employees for their Facebook and other social media passwords. The law was signed into legislation by Maryland’s Governor approximately one year after the ACLU took on the case of Robert Collins who claimed he was forced to turn over
Pressing The “Like” Button, Reluctant Counselors, And Key Lieutenants – First Amendment “Hot Topics”
Several types of First Amendment cases have taken center stage this year, as free speech lawsuits by public employees continue to proliferate. This post addresses three areas that qualify as “hot topics.”
1. Pressing “Like” on Facebook: Courts continue to struggle with how to address public employee claims for free speech retaliation based on
NLRB Issues Report Discussing Disciplining Employees For Facebook Posts
There is no getting around it anymore: your employees are on Facebook. Recent statistics from Facebook’s website state that it has over 800 million users. It is time for all employers to know the rules surrounding employee use of social media.
For purposes of the National Labor Relations Board (NLRB), social media is described as
NLRB Provides Guidance On Regulating Employee Use Of Social Media
This post was co-authored by Elizabeth Arce
It seems that every time you turn on the news some new technological innovation is being announced. For example, recent weeks have seen the unveiling of new tablet computers and smartphones. In addition, social media platforms such as Facebook and LinkedIn are constantly announcing upgrades to their
Missouri Court Blocks “Facebook Law”
Last week we reported on a new Missouri law that regulates communications between teachers and students on social media websites. This so-called “Facebook Law” was scheduled to go into effect this week. However, at the request of the Missouri State Teachers Association, a Missouri Circuit Court issued a preliminary injunction on Friday blocking