Ocasio-Cortez Apologizes for Blocking Critic on Twitter
Edward L. Birk Jun 11, 2020 in First Amendment
Tag: social media
While our courts continue to apply and set precedents for free speech liberties in the digital age, Democratic Congresswoman Alexandria Ocasio-Cortez is receiving accolades for her handling of the First Amendment violation suit against her for blocking a critic on Twitter. And you’ll never guess where the praise is coming from: the Knight First Amendment Institute. That’s right — the same organization that filed suit against President Donald Trump for blocking critics from his Twitter […]
Continue ReadingTurning Courtroom Discontent Into Raw Social Media Hostility in the Digital Public Square Gets Florida Attorney Nowhere
Edward L. Birk Oct 10, 2019 in First Amendment
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 […]
Continue ReadingIt’s Your First Amendment Right to Follow Elected Officials on Social Media, Rules Virginia Court
Edward L. Birk Apr 4, 2019 in First Amendment
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 […]
Continue ReadingSocial Media Photo Copyright: Apart from Selfies, Who Can Give Permission for Reuse Is Not Always Clear
Marks Gray Mar 14, 2019 in Intellectual Property
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” […]
Continue ReadingCalifornia Court Rules Social Media Posts Are Not Always a First Amendment Right
Edward L. Birk Mar 7, 2019 in Media Law
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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