“Believe nothing you hear, and only one half that you see.” Edgar Alan Poe wrote those words over a century ago, yet if he were alive today he may opt for the darker: “Believe nothing you hear and nothing you see.” Over the past decade, advances in graphics technology have…
Internet & Social Media Law Blog
The Doxing Dilemma: A Popular Tactic of Social Activists and Cyber Bullies Alike Remains Mostly Legal
After counter-protests ended in tragedy, a small group of social media users took to Twitter to expose the identities of the white supremacists and neo-Nazis rallying in Charlottesville, Va. Since last Sunday, the @YesYoureRacist account has been calling on Twitter users to identify participants in the rally. Twitter users identified…
Employers of Freelancers Everywhere Should Pay Attention to New York City’s New Law
Freelance writers are as integral to online content generation as migrant workers are to the harvesting of seasonal crops (and in many cases, about as poorly protected). And since content generation is always in season—and given that so many online platforms either use freelancers to generate content or rely in…
Fake and Consequences: Weathering the Reputational Risks and Financial Fallout of “News” that Abuses
In today’s political climate, the phrase “fake news” gets bandied about quite a bit. In addition to its more traditional meaning—news that is false, purposefully misrepresented or outright propaganda—fake news is also sometimes used to characterize any news published that the target or subject of disagrees with or dislikes. As…
Stumbling “Blocks”: When Is Social Media Moderation a First Amendment Violation?
As we previously discussed in our post “The ‘Commander-in-Tweet’ and the First Amendment,” the POTUS was criticized by the Knight First Amendment Institute for blocking certain Twitter users from his @realDonaldTrump account. According to the Knight First Amendment Institute, President Trump’s Twitter account functions like a town hall meeting where…
Keeping Up with Cayla: Concerns over Interactive Toys Spur an FTC Update of COPPA Guidelines
“Pleeeease?!” Buying a quick gift or giving in to your child’s pleas for a new toy is quickly becoming a more serious decision. In the age where toys can happily entertain kids by talking to them, the few precious moments those toys buy parents may not be without risk. It’s…
But Is It Okay to Google His Name? T-Pain Not Guilty of Genericide
“Baby it’s okay, you can Google my name.” This line from T-Pain’s hit, “Bottlez,” became a focus in a recent Ninth Circuit trademark case on my favorite intellectual property issue: genericide. Among other evidence, the court considered if T-Pain’s use of “Google” showed that the Google trademark had become genericide’s…
The “Commander-in-Tweet” and the First Amendment
Can you violate the First Amendment by blocking people from your Twitter account? According to the Knight First Amendment Institute, it’s possible if that account is @realDonaldTrump. As we have mentioned before, Donald Trump’s Twitter habit has been a large part of his public persona in recent years. Unsurprisingly, his…
I, TweetBot: Are Fake Users Social Media’s Dirty Little Secret?
President Donald Trump loves to tweet. Although he has been a prolific tweeter since his days as a reality TV star, during his presidential campaign and subsequent time in office, President Trump has taken the “Art of the Tweet” to new heights. The media, in return, has done its part…
“Tantrums” Aside, the Law Leans Toward the Employee in Issues of Social Media and Free Speech
Whether or not your friends and family get a kick out of your misery at work, that online post of yours might tick off your employer. But what rights do employers have to restrain their employees from complaining about them online? Can employers punish employees for posting their grievances online?…