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Tag Archives: Facebook

When Online Behavior Crosses the Line – The Law on Threats, Libel and Just Being Rude

A frequent question we get is what can we do about the online posting about me?  Often times, the answer is not much.  Lawyers can only help when the online conduct crosses the line into a cognizable cause of action.  Figuring that out is the hard part.
The Threatening or Harassing Post
Is there an ex spewing … Continue Reading

Thankful I didn’t copy images, parody the Beastie Boys, use overbearing TOS or have to stand behind TheDirty

With the short Thanksgiving week, I thought we would touch on a few interesting stories developing over the last couple of weeks.
Photographer gets $1 million+ verdict from AFP and Getty for copied Twitpics
In my three part series on using images from the web for your news stories, we talked about the Morel v. Agence France-Press case. … Continue Reading

Facebook “Like” is Protected First Amendment Speech

I don’t often make predictions on legal outcomes, so when I do and I get it right, it’s worth sharing.  In May, we talked about whether “liking” a candidate would constitute protected speech under the First Amendment.  A district judge in Virginia ruled it was not.  The Fourth Circuit Court of Appeals recently reversed in … Continue Reading

Taking Legal Control of the Company Social Media Account

What happens when the employee who set up the company’s LinkedIn account leaves? Or, what happens when your outside marketing firm set up your Facebook page but refuses to give it to you because of a fee dispute?
Be Proactive
Before we talk about what to do in these situations, let’s talk briefly about how to avoid … Continue Reading

You “like” me, you really “like” me – Looking at the legal effect of Facebook likes and friends

Is liking something expressive activity protected by the First Amendment?  Does being a Facebook “friend” create the appearance of impropriety requiring the judge to recuse himself from the case?  Leave it to Facebook to make us answer these questions.
You don’t like me, you just want my coupon . . .
The Fourth Circuit Court of Appeals is … Continue Reading

Don’t Rail on Your “F**** Idiot” Employees on the Net

No one likes to be sued.  It may make you mad enough that you want to scream and holler on the Internet.  There is a reason, however, a lot of lawyers recommend not commenting on personnel issues and pending litigation.
Take a lesson from Coyote Ugly that does not involve dancing on the bar.  The lesson is — … Continue Reading

Legal Guidelines for CEOs on Social Media – Avoid the Netflix Issue

In July, Netflix CEO Reed Hastings posted on Facebook that viewing on his company’s site “exceeded 1 billion hours” of videos in June.   The stock rose 6.2% on the day of the post.  Last week, the SEC sent Netflix notice it may investigate.  You can read the Washington Post story here. 
Reg FD, or Fair Disclosure, is … Continue Reading

Houston CFO Fired for Social Media Activity

The Houston Chronicle reported today the CFO of Francesca’s was canned because he posted information about the company on Twitter and Facebook.
We have discussed the legality of firing employees for their social media conduct in detail (part one and part two).  In short, in at will state like Texas, you can fire someone for a good … Continue Reading

Private Employers Can Ask for Your Login, But I Would Advise Against It [Update]

A few days ago the Associated Press ran an article about one job applicant who was asked to provide their Facebook login and profile.  The story then got a lot of legs getting including a local TV News from Fox-26TV here in Houston (video below).
While private sector employers can certainly demand to see your profiles, provide … Continue Reading

Facebook Firings and Social Media Policies – Part 2

In the last post, we talked about whether you could fire someone for their Facebook posts.  We used the NLRB’s recent social media memorandum discussing 14 cases as a guideline. 
Today, we discuss social media policies.  Why should I have one and what should I have so they don’t get me in more trouble?
Why Have One?
I … Continue Reading