How Congress Can Protect Online Consumer Reviews (An Assessment of the Consumer Review Freedom Act) (Forbes Cross-Post)
[Note: last Wednesday, I testified on the Consumer Review Freedom Act before the Senate Commerce Committee. My testimony. My complete written submission.] For many Americans, the First Amendment is the alpha and omega of free speech protection. However, the First…
Anti-Employer Chatter On Facebook Protected By NLRA–Triple Play v. NLRB
We previously blogged about this case, which involved employees who were discharged by Triple Play Sports Bar and Grille (the employer) for their Facebook activity: “NLRB Invalidates Employer’s Blogging Policy And Reverses Firing Based On Facebook Posts“. On appeal, the…
Another Censorial Copyright Case Results In a Big Fee Shift–Inglewood v. Teixeira
I recently wrote about Katz v. Chevaldina, where a real estate tycoon didn’t like a candid photo taken of him, so he bought the copyrights to the photo and sued a blogger to suppress the photo. The courts had no…
Why Attorneys Dislike Consumer Reviews (Reviewing an Article by Cassandra Burke Robertson)
I recently read an article by Prof. Cassandra Burke Robertson (Case Law) entitled “Online Reputation Management in Attorney Regulation.” This article discusses two of my favorite topics: (1) why do professional service providers struggle with online reviews more than other…
Threatening to Post Sex Video to Facebook Isn’t a True Threat
Two post-Elonis cases show divergent approaches to true threat and harassment jurisprudence. Harrell v. State (Georgia): Harrell was charged and convicted of attempting to intimidating a court officer and animal cruelty. Apparently, he was charged with some violations as a…
University Cannot Discipline Student for Off-Campus Tweets
Yeasin was involved in a relationship with W while both were University of Kansas students. In June 2013, Yeasin drove W to see her therapist and while she was in the session, read (and became incensed by) Facebook messages W…
Another Murky Opinion on Lawyers Buying Keyword Ads on Other Lawyers’ Names–In re Naert
I recently posted a co-authored article, Regulation of Lawyers’ Use of Competitive Keyword Advertising, discussing lawyers’ use of competitive keyword ads triggered by other lawyers’ names. That article examines both IP laws and attorney rules of professional conduct and explains…
Disparate Enforcement of Social Media Policy May Support Discrimination Claim
This is a Facebook termination case alleging discrimination by the employer. Plaintiff Chris Redford worked at KTBS as an on-air crime reporter. The station apparently had a social media policy that instructed employees to not respond to viewer complaints on social…
You Can’t Buy A Copyright Just To Bury It–Katz v. Chevaldina (Forbes Cross-Post)
In the United States, copyright law principally serves as an economic policy by protecting creators’ ability to recoup the investments they make in generating new works that have value to society. As a result, copyright law gets weird when it’s…
Qualified Immunity Bars Claims Based on Search of Student’s Facebook Account and Discipline for Private Messages
MJ was a high school student and cheerleader. On a school trip to a local news station to promote a charitable cause, the squad was told to be quiet by the cameraman. MJ apparently did not, and the captain of the…