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Free Speech Political Speech Social Media

Littler

A Case Study on the First Amendment Defense for Entertainment Industry Employers

Littler on

The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these...more

Constangy, Brooks, Smith & Prophete, LLP

10 social media tips for employers and employees

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

FordHarrison

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

FordHarrison on

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

Spilman Thomas & Battle, PLLC

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

Spilman Thomas & Battle, PLLC

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

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

Allen Matkins

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

Allen Matkins on

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

Davis Wright Tremaine LLP

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

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

FordHarrison

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

FordHarrison on

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

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

Franczek P.C.

They Said What? First Amendment Issues in 2020

Franczek P.C. on

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

Proskauer - Law and the Workplace

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

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

Hinshaw & Culbertson - Employment Law...

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

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

Nossaman LLP

Trump's Tweets: A Warning That Public Officials' Personal Social Media Posts Might Actually Be The Government's

Nossaman LLP on

A recent federal appeals court decision, Knight First Amendment Institute v. Trump, concluded that action taken by the President through the use of his personal, not just official White House, Twitter account was considered...more

Best Best & Krieger LLP

President Trump Can’t Block Twitter Users, U.S. Appellate Court Rules

The court concluded its opinion with an observation that at this time in history, “wide-open, robust debate” is the best assurance of good government. The Second Circuit U.S. Court of Appeals ruled last week that public...more

Franczek P.C.

Key Lessons for School Officials and Other Public Employees from Recent Court Decision on Trump’s Twitter Account

Franczek P.C. on

As technology and social media continue to develop, so do legal questions surrounding their use by public entities and employees. On July 9, 2019, the Second Circuit Court of Appeals in Knight First Amendment Institute v....more

Ballard Spahr LLP

Second Circuit Affirms That President Trump's Blocking of Opponents on His Twitter Account Violates First Amendment

Ballard Spahr LLP on

The U.S. Court of Appeals for the Second Circuit yesterday became the third federal circuit court to hold that the interactive space of a government official’s social media account is subject to First Amendment strictures. In...more

Skadden, Arps, Slate, Meagher & Flom LLP

Anonymous Online Speech: Considerations for Victims and Speakers

In today’s world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims...more

WilmerHale

The Constitutionality of Criminalizing False Speech Made on Social Networking Sites in a Post-Alvarez, Social Media-Obsessed World

WilmerHale on

The emergence of social media led to profound changes in the way we interact with technology and each other. Every day — often without thinking — we use social media platforms for myriad purposes, including to keep family and...more

McAfee & Taft

2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

McAfee & Taft on

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against employee....more

Jackson Walker

Paul Watler Speaks: Texas Supreme Court Opinions Firm Up Anti-SLAPP Rights For Online Journalists

Jackson Walker on

Online journalists and scholars from the Americas and around the globe recently gathered at the University of Texas at Austin to assess the state of internet-based journalism. The keynote address of the 16th annual...more

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