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Socially Aware Blog The Law and Business of Social Media

Category Archives: Supreme Court

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You May Not Necessarily Be the Master of Your Domain

Posted in Litigation, Supreme Court, Trademark

The ability to associate goods and services with a specific domain name can make or break a business, so much so that companies are still willing to fork over millions to purchase domain names.  And although you may consider yourself lucky to have registered a catchy domain name that drives plenty of traffic to your… Continue Reading

Refining the First Amendment Status of Social Media Activity by Government Employees

Posted in Employment Law, First Amendment, Litigation, Supreme Court

The Supreme Court’s 1968 decision in Pickering v. Board of Education allows governmental employers, including law enforcement agencies, to fire or discipline employees for disrupting operations with excessive complaining, but it prohibits governmental employers from firing or disciplining an employee for speaking out on matters of public concern as a private citizen if the employee’s… Continue Reading

Two Circuits Address the First Amendment Status of Facebook Activity

Posted in Employment Law, Litigation, Privacy, Supreme Court

Two recent U.S. appellate court decisions have clarified the extent to which the First Amendment protects the social media activities of government employees.  In Gresham v. City of Atlanta, the Court of Appeals for the Eleventh Circuit found that an individual’s First Amendment interest in posting to Facebook is reduced when he or she configures… Continue Reading

Click-Accept Arbitration: Enforcing Arbitration Provisions in Online Terms of Service

Posted in Arbitration, Supreme Court

Companies that provide services to consumers have often sought to reduce the risk of class action lawsuits by requiring that their customers agree to arbitrate any disputes.  Such arbitration agreements may require customers to arbitrate on an individual basis only, with customers being obligated to waive any rights they might otherwise have to pursue claims… Continue Reading