Protected Speech

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use

By John Delaney & Aaron Rubin on March 12, 2018

Posted in Compliance, Copyright, Defamation, First Amendment, IP, Litigation, Online Contracts, Privacy, Protected Speech

In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin Goldman had taken a photo of NFL quarterback Tom Brady, which Goldman posted to Snapchat. Snapchat users “screengrabbed” the image…

Now Available: The August Issue of Our Socially Aware Newsletter

By John Delaney & Aaron Rubin on August 24, 2016

Posted in Cyberbullying, E-Commerce, Infographic, Marketing, Mobile, Privacy, Protected Speech, Right To Be Forgotten, Terms of Use

Capture The latest issue of our Socially Aware newsletter is now available here.

In this issue of Socially Aware, our Burton Award winning guide to the law and business of social media, we discuss the impact online trolls are having on social media marketing; we revisit whether hashtags should be afforded trademark protection; we…

Social Links: Twitter’s troll problem; Snapchat fat-shamer risks prosecution; a federal anti-revenge-porn law?

By John Delaney & Aaron Rubin on July 22, 2016

Posted in Cyberbullying, Disappearing Content, First Amendment, Free Speech, Litigation, Livestreaming, Mobile, Privacy, Protected Speech

Facebook Messenger joins the elite “one billion monthly users” club just four years after its release as a standalone app.

A Canadian judge ordered a couple convicted of child neglect to post to all their social media accounts his decision describing their crime.

Leslie Jones of Ghostbusters highlights Twitter’s trolling problem. One tech columnist…

Social Links: Livestreaming goes mainstream; social-media-use guidance for judges; three years in jail for trolling?

By John Delaney & Aaron Rubin on June 24, 2016

Posted in Ethics, Livestreaming, Marketing, Protected Speech

Facebook signs more than $50 million worth of deals with media firms and celebrities to create videos for its live-streaming service.

Tumblr is jumping on the live video bandwagon, too—but via live-streaming platform partners, not through its own service.

C-Span picked up live feeds of the Democratic sit-in over gun-control legislation that representatives shot on…

Social Links—Instagram’s logo change causes a stir; stats on social media use at work; lessons from a YouTube star.

By John Delaney & Aaron Rubin on May 13, 2016

Posted in First Amendment, Livestreaming, Marketing, Privacy, Protected Speech, Statistics

The Great Instagram Logo Freakout of 2016.

A UK council policy reportedly grants its members power to spy on residents by setting up fake Facebook profiles.

Guess who spends more of their workday on social media, women or men?

Lessons from one of YouTube’s first (and most successful) stars.

Should sharing tragic images…

Social Links—Facebook-spying litigators; employees’ social media posts; Europe’s Right To Be Forgotten

By John Delaney & Aaron Rubin on April 22, 2016

Posted in Employment Law, Ethics, European Union, FTC, Litigation, Online Endorsements, Privacy, Protected Speech

Defense lawyers who checked out the Facebook page of a plaintiff suing their client can be prosecuted for attorney misconduct, New Jersey judge rules.

Norwegian band changes its name to avoid “social media censorship.”

Can public agencies control their employees’ social media posts?

Google has complete discretion over whether or not to…

The Second Circuit Tackles Employee Rights, Obscenities & Social Media Use

By Mary Race & Christine E. Lyon on November 23, 2015

Posted in Employment Law, Protected Speech

Employers took note last year when the National Labor Relations Board (NLRB) ruled that “liking” a Facebook post can qualify as protected activity under the National Labor Relations Act (NLRA). The NLRB held that the owner of a sports bar violated Section 7 of the NLRA by firing employees for a protected Facebook discussion criticizing…

About Socially Aware

Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. Here at Morrison & Foerster, across all of our practice groups, we are seeing complex, cutting-edge legal issues arising out of social media. As with the Internet boom during the mid-to-late 1990s, social media is generating new legal questions at a far faster pace than the law’s ability to provide answers to such questions. In an effort to stay on top of these emerging issues, and to keep our clients and friends informed of new developments, Morrison & Foerster publishes this blog devoted to the law and business of social media.

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