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Tag: social media

Turning Courtroom Discontent Into Raw Social Media Hostility in the Digital Public Square Gets Florida Attorney Nowhere

Since February 27, Florida lawyer Ashley Ann Krapacs has been suspended from practicing law in the state until further notice. She claims First Amendment protection.  The Florida Bar and Supreme Court of Florida point out that even the First Amendment has limits, and especially so when attorneys licensed by the state engage in threatening or demeaning speech. Unhappy with the results of a case, she reportedly launched an “attack of massive and continuous proportions” via […]

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It’s Your First Amendment Right to Follow Elected Officials on Social Media, Rules Virginia Court

The Obama era was the first time that social media was truly recognized by elected officials as an effective tool for communicating directly with the public. Because it’s relatively new on the political scene, there are not many precedents set for how social media can lawfully be used by elected officials. However, those precedents are popping up – and quickly. Two Cases: One Open, One Shut Three years ago this month, a court ruled that […]

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Social Media Photo Copyright: Apart from Selfies, Who Can Give Permission for Reuse Is Not Always Clear

By Crystal T. Broughan and Edward L. Birk As fast-paced as the internet has made the transmission of news and information, it can be tempting for media outlets and bloggers to grab the first eye-catching image relevant to a story. But any trusted intellectual property or media law attorney would tell you not to do this – otherwise, you could find your organization neck deep in litigation over what seemed to be an “open source” […]

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California Court Rules Social Media Posts Are Not Always a First Amendment Right

We have a Constitutional right to express ourselves on social media, right? Social media is the new public square, a traditional public forum, right? Not so fast… Generally true. But there are narrow situations where a court may lawfully restrict social media use. A 16-year-old juvenile defendant found this out that hard way in a California case known only as “The People v. A.A.” The Facts of the Case Initially, A.A. was convicted of felony […]

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