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Social Media › First Amendment › Defamation

Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Cranfill Sumner LLP

Defamation and Reputation Management in the Digital Age

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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

Ballard Spahr LLP

Pennsylvania Protects Press Freedom, Passes Anti-SLAPP Statute

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Yesterday, July 17, 2024, Pennsylvania joins more than 30 states that have enacted anti-SLAPP laws, providing protection to journalists and media outlets from meritless claims....more

Kohrman Jackson & Krantz LLP

Understanding Defamation vs. Free Speech: A Guide for Dealing with Online Defamation

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The distinction between defamation and free speech often confuses those dealing with online issues. While free speech is a protected right under the First Amendment of the U.S. Constitution, it does not shield individuals...more

Ballard Spahr LLP

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

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Summary - An opinion about a category of unprotected speech called “true threats” sheds light on how a majority of the justices may view New York Times v. Sullivan, a key defamation case. It also resolves a split over the...more

Miller Nash LLP

Off the Clock in Oregon but Maybe on the Hook

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Despite Hollywood’s most recent high-profile case with Amber Heard and Johnny Depp, defamation cases are notoriously difficult to win and often susceptible to pretrial dismissal. Yet, a recent Oregon Supreme Court case—Lowell...more

Allen Matkins

Complaints About Cake Did Not Involve The Public Interest

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"Qu'ils mangent de la brioche" Who knew that the decorative cake baking industry could be so contentious?  Three years ago, the United States Supreme Court issued its opinion in Masterpiece Cakeshop, Ltd. v. Colo. Civil...more

Littler

Ontario, Canada Court Denies Employer’s Request to Remove Allegedly Defamatory Social Media Posts Pending Defamation Trial

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A recent Ontario Superior Court of Justice decision indicates that it is challenging for employers to obtain an interim injunction requiring an employee to remove allegedly defamatory social media posts pending resolution of...more

Womble Bond Dickinson

Maddening Online Complaints: Saving You From Yourself

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We work hard for our businesses, and those of you who started your own enterprise are even more deeply concerned about it than others. Which is why criticism of your business can be so frustrating....more

Spilman Thomas & Battle, PLLC

Trump vs. Twitter: The Feud Over Section 230 and Online Censorship

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As part of Spilman's Decoded: Technology Law Insights e-newsletter, Spilman members Joseph Schaeffer and Nick Mooney discuss Section 230 of the Communications Decency Act and how it plays into President Trump's recent...more

Fisher Phillips

Best Practices For Addressing Negative Social Media Posts Caused By The COVID-19 Pandemic

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As the COVID-19 pandemic continues, the healthcare industry is understandably fraught with unease and uncertainty. This, coupled with the ubiquity of social media, creates challenges for healthcare providers facing public...more

Akin Gump Strauss Hauer & Feld LLP

Top 10 Topics for Directors in 2020: Corporate Reputation

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Anybody over the age of 40 can recall a time when news was delivered by television, radio and newspapers. Two things that each of those mediums have in common are a substantial capital investment and an existential desire for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Anonymous Online Speech: Considerations for Victims and Speakers

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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

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

Morrison & Foerster LLP - Social Media

Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from...

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Based on copyright infringement, emotional distress and other claims, a federal district court in California awarded $6.4 million to a victim of revenge porn, the posting of explicit material without the subject’s consent....more

Morrison & Foerster LLP - Social Media

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could...

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In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin...more

Foley Hoag LLP - Making Your Mark

“A Gronking To Remember” Plaintiffs Lose Right Of Publicity Appeal

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For those of you in desperate need of Christmas present ideas for a New England Patriots fan, you can rest assured that your ironic backup option – a copy of the romance novel, A Gronking to Remember – is still available for...more

Lewitt Hackman

Negative Reviews: Franchises Pursuing Truth, Justice, & Defamation Claims

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Franchised businesses, particularly restaurants, hotels, automotive servicers and others have been falling victim to the digital age. Many consumers now choose the places they do business based on what they read on Yelp,...more

Kelley Drye & Warren LLP

Defamation Law Series: Trumping Defamation Claims

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President Donald Trump and First Lady Melania Trump recently have found themselves embroiled in two separate defamation cases in state courts – but while the President defended himself against claims resulting from his...more

Arnall Golden Gregory LLP

Social Media and Georgia’s New Anti-SLAPP Statute

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These days, one of the most effective ways to advertise your business is through social media platforms such as Facebook, Instagram, or Twitter. At virtually no cost, social media allows you to conveniently market your...more

Brooks Pierce

Pitfalls in Managing Online Reputations

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Whether you represent sports stars and high-profile entertainers, or hometown doctors, architects, and restaurateurs, you have almost certainly gotten calls in the past several years asking for your help in dealing with...more

Jackson Walker

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

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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

Lewitt Hackman

FRANCHISOR 101: Franchise Systems Can Fight Online Negativity

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One of today's challenges faced by franchisors and franchise systems is negative remarks posted online by a customer, ex-employee, or even a dissatisfied franchisee. Negative comments appear in sites created specifically to...more

Robinson+Cole Data Privacy + Security Insider

Businesses rejoice but poster beware: Yelp ordered to identify anonymous reviewer

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Many business have suffered the misery and frustration of a harshly negative, anonymous online review. That anonymity, critics argue, frees the reviewer from worries about the need for accuracy and, worse yet, encourages the...more

Morrison & Foerster LLP - Social Media

Status Updates: Appeals court upholds anti-cyberbullying law; better marketing through neural networks; restaurant owner turns the...

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Cruel intentions. Laws seeking to regulate speech on the Internet must be narrowly drafted to avoid running afoul of the First Amendment, and limiting such a law’s applicability to intentional attempts to cause damage usually...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update

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Garcia v. Google: “Doubtful” Copyright Ownership Claim in Film Performance Does Not Outweigh First Amendment Right to Free Speech - Why it matters: In a closely watched case that tests the limits of copyright protection,...more

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