Ill-Advised Student YouTube Video Leads to Conviction For Misusing Computerized Communication System–In re Kaleb K.
Kaleb, a high school student, allegedly created a YouTube video with a rap song about his Spanish teacher that contained “crude and vulgar language” about the teacher. He was found guilty of disorderly conduct and unlawful use of a “computerized…
Facebook Rant Against ‘Arial’ Font Helps Reverse Sex Offender Determination
Another day, another workplace problem due to an off-hours Facebook rant. Doe is a convicted sex offender. He fought the Massachusetts Sex Offender Registry Board’s determination that he needed to register as a level 3 sex offender. As part of…
WhitePages Gets Its Inevitable Section 230 Win–Nasser v. WhitePages
WhitePages.com publishes white pages information (get it?). It obtained and published information from third parties that incorrectly listed Nasser’s phone number as a Comcast phone number. As a result, Nasser got a voluminous number of angry phone calls intended for…
Fake LinkedIn Profile May Cause Trademark Infringement – Avepoint v. Axceler
Avepoint, Inc. v. Power Tools, Inc. d/b/a Axceler, 7:13CV00035 (W.D. Va. Nov. 7, 2013) Avepoint and Axceler are competitors providing “infrastructure management and governance software platforms for Microsoft Sharepoint products and technologies.” Avepoint alleged that Axceler denigrated Avepoint online. Specifically,…
Social Worker’s Facebook Rant Justified Termination — Shepherd v. McGee
Shepherd v. McGee, 2013 U.S. Dist LEXIS 159432 (D. Or. Nov. 7, 2013) Plaintiff Jennifer Shepherd was a child protective services (CPS) caseworker for the Oregon Dept. of Human Services (DHS). She investigated reports of child abuse and made recommendations…
“Wiggin Out” Over a Wig Purchase Dispute Leads to Online Defamation – Sanders v. Walsh
At what point does online mudslinging become actionable defamation? In September, an appellate court in California upheld a wig seller’s liability for defamatory statements made on online forums, focusing on the false factual nature of the claims. Cite: Sanders v….
Police Officers Lean on School to Fire Social Worker for Facebook Post–and May Have Violated First Amendment
Perez v. Tedford, SA 13-CV-429-XR (W.D. Tx. Oct. 22, 2013) Plaintiff was a case manager at Communities in Schools of San Antonio. She was aware that an individual was subject to a protective order that prohibited contact with a student,…
Sexting a Minor Isn’t a Crime in Texas
Ex Parte John Christopher Lo, No. PD-1560-12 (Oct. 30, 2013) The highest criminal court in Texas struck down a portion of a Texas statute prohibiting “communicating in a sexually explicit manner” with a minor with the intent to arouse. (Section…
Want To Avoid Defaming Someone Online? Link To Your Sources (Forbes Cross-Post)
Adelson v. Harris, 2013 WL 5420973 (S.D.N.Y. Sept. 30, 2013) When you are tweeting or Facebooking, you probably don’t think much about your risk of being sued for defamation. Fortunately, such lawsuits are rare. Unfortunately, even quickly written and seemingly…
Landlord May Be Liable When A Tenant’s Facebook Harassment Leads To A Rape (Forbes Cross-Post)
Lindsay P. v. Towne Property Asset Management, 2013-Ohio-4124 (Ohio Ct. App. Sept. 23, 2013). If you’re a landlord, what should you do if you learn that a resident is harassing another tenant on Facebook or other social media websites? If…