Posts Tagged Facebook

Private Facebook posts are protected by the SCA unless voluntarily provided by friends with access

There may be some notion of privacy in your private Facebook wall but it is at the whim of your 498 friends — is it really? A district court recently determined that Facebook wall posts are covered by the Stored Communications Act if the privacy settings are set to limit access to only friends. However, […]

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YES, IT IS! > Is a “Like” Protected Speech? Is It Different Than Giving “The Finger”?

To answer the question I asked in a blog post about a year ago, “yes, it is”! The First Amendment does protect a Facebook “Like” as free speech. Earlier today, the United States Fourth Circuit held that a Facebook “Like” is protected speech under the First Amendment. The case is Bland v. Roberts, No. 12-1671 […]


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Deactivating Your Facebook While in Litigation May Be Destruction of Evidence

TAKEAWAY: Deactivating your Facebook account while in litigation may be destroying evidence that could be sanctioned by the court for spoliation of evidence. In Gatto v. United Air Lines, Inc., et al., 2:10-cv-01090 (D. NJ Mar. 25, 2013), the district court entered an order finding that the Defendants would be entitled to an instruction at trial […]

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Listen to Shawn Tuma discuss social media law issues for business on PlayMakers Talk Show via podcast

UPDATE: here is the podcast Shawn Tuma is a featured guest on this week’s PlayMaker’s Talk Show on 570 KLIF in Dallas, Texas. Shawn will discuss several social media law issues that are important for businesses and business owners to consider when using social media. The show airs at 4:00 p.m. today – Sunday, March […]

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Executives of Public Companies Must Use Caution With Social Media – The SEC is Watching!

Are statements made by executives of publicly traded companies via social media held to the same standard as statements they make in any other limited environment when it comes to material information about the company? Absolutely, here is why …  Just this past week news broke that the Securities and Exchange Commission is considering bringing a […]

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