The Supreme Court of the United States issued two decisions today: Murthy v. Missouri, No. 23-411: This case involves challenges to federal government communications with social media companies related to content...more
Public officials should proceed with caution when using social media. The United States Supreme Court, in a recent unanimous decision, articulated a two-part test to determine when a public official’s social media account...more
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
James Freed, like millions of other Americans, maintained a private Facebook page where he posted updates about his personal life. After he became the City Manager for Port Huron, Michigan, Freed would occasionally post...more
In my prior article, I discussed Lindke v. Freed, in which a social media user brought action under § 1983 against a city manager, alleging that the manager violated the user’s First Amendment rights by deleting his comments...more
In its recent opinions in Linke v. Freed and O’Connor-Ratcliff v. Garnier, the U.S. Supreme Court considered if and when public officials violate the First Amendment rights of members of the public by blocking them from the...more
In its recent opinion in Lindke v. Freed, the U.S. Supreme Court addressed when public officials may be held liable for violating the First Amendment for silencing critics on social media. The Court held that a public...more
Welcome to Compliance Notes from Nossaman’s Government Relations & Regulation Group – a periodic digest of the headlines, statutory and regulatory changes and court cases involving campaign finance, lobbying compliance,...more
On Friday, March 15, a unanimous Supreme Court decided two companion cases (Lindke v. Freed and O’Connor-Ratcliff v. Garnier) that resolved a split in the Circuits concerning whether public officials can be held liable under...more
Everyone on social media at some point has to figure out how they’re going to use it. Will their account be public? Will they post information about family? Current events? Religion? Politics? If the account’s not open to...more
The U.S. Supreme Court has established guidelines for determining when a public official’s use of a private social media platform such as Facebook, X or Nextdoor constitutes public speech that cannot be censored. State and...more
On March 15, 2024, the Supreme Court issued a unanimous opinion in Lindke v. Freed and a per curiam opinion in O’Connor-Ratcliff v. Garnier addressing when a public official may prevent a person from commenting on the public...more
In an age where a vast majority of patients turn to the internet for healthcare information and recommendations, the online reputation of healthcare practices has become a paramount concern. The way medical professionals and...more
Nearly every detail you’d need to know about a business can be found online. From hours of operation to location, featured products and current promotions, information is just one click away. Along with customers finding...more
The Belfast Industrial Tribunal in Northern Ireland has recently rejected two claims of unfair dismissal following sectarian (anti-Catholic) chants posted on social media. We look at the implications of clashing views on...more
Online reviews play a pivotal role in shaping, maintaining, and protecting the reputation of businesses and individuals alike. Whether you’re a business owner or a professional seeking feedback, the question often arises:...more
When you picture someone casing a house, a suspicious character in a white van parked down the street probably comes to mind. However, in today’s increasingly online world, bad guys can also enjoy the perks of working from...more
The German Federal Labour Court has clarified the rules on when an employee who makes offensive comments about colleagues in a private chat can be dismissed. According to a recent decision of the German Federal Labour...more
Report on Patient Privacy Volume 23, no 8 (August 2023) The allegation was shocking and, if true, would devastate the orthopedic surgeon’s reputation. An online commenter accused him of operating on the wrong arm or...more
A healthcare organization’s online presence is an important component of its reputation. Occasionally, dissatisfied patients will post negative reviews about healthcare services on social media and customer review platforms...more
In Alberta Health Services v Johnston, 2023 ABKB 209, the Court of King’s Bench of Alberta recognized a new tort of harassment. Background - Alberta Health Services (AHS) and two individual plaintiffs claimed they were...more
Court Unveils Four-Part Harassment Lawsuit Test A bold Alberta Court of King's Bench decision, Alberta Health Services v Johnston, 2023 ABKB 209, declined to follow Ontario appellate authority on the issue and established the...more
On Monday, March 27, 2023, at 10:00 a.m. EDT, the Supreme Court of the United States will hear oral arguments in Amgen Inc. v. Sanofi, No. 21-757. William H. Milliken, a director in Sterne Kessler’s Trial & Appellate Practice...more
A positive internet reputation is an expected prerequisite for conducting business. Negative internet content, including negative reviews, can destroy an operation....more
Background - Fairfax Media Publications Pty Ltd, Nationwide News Pty Ltd and Australian News Channel Pty Ltd all maintain public Facebook pages allowing comments from members of the public. Dylan Voller commenced...more