Social Media Policy: You’re Probably Doing It Wrong

Countless lawyers and HR professionals bravely set out to craft social media policies without having critical tools: a true working knowledge of social media, a clear direction, common sense, and an up-to-date knowledge of what is allowed by law.  

Don’t trust the lawyer-with-a-facebook-account nor should you task the youngest associate to cut and paste from policies floating on the internet.

Test your company’s or firm’s social media policy against these nine examples to see if it passes muster.

If your business chooses to have a social media policy, hire someone who knows how to write (and update) it.

Special thanks to the Palm Beach Bar for publishing this in the February 2013 Bar Bulletin.  Article is here.

1st Amendment
The First Amendment and the Hurdles to Obtain an Injunction in Florida for Social Media Cyberstalking (Derek Warren Logue v. Lauren Frances Book)

A Florida trial court entered an injunction for stalking against the appellant for, among other things, posting a picture of the appellee’s house with her address, a song video with obscene title and lyrics, and a cartoon depicting the appellee with an obscene reference. The appellant filed an appeal, claiming …

1st Amendment
Three Steps to Understanding Why Government Officials Cannot Block Users on Social Media (Knight First Amendment Institute et al. v. Donald J. Trump et al.)

There is some confusion about the recent Second Circuit opinion as to how, on a private social media platform, a government official, using a personal account, cannot block other users. The following three step process should lead just about everyone to understand the outcome. The case is Knight First Amendment …

Internet
When You See People Trying to Sue a Social Media Platform Because Their Account Was Suspended, It’s a Stunt (lessons of the CDA & Brittain v. Twitter)

A number of politicians, activists, and others who feel aggrieved after their Twitter, Facebook, Instagram, and/or YouTube content has been removed or their accounts suspended have taken to the courts to sue the social media platforms with claims that they are being singled out, muzzled, or their free speech is …