U.S. v. Elonis — U.S. Supreme Court’s Facebook Case

SCOTUS

A former amusement park employee’s Facebook posts may prove wrong most federal courts or will clearly carve out a rare First Amendment exception.Anthony_Elonis_Wide

The case of U.S. v. Elonis focuses on whether statements, often phrased as rap music, could be a “true threat” which would make it a crime if a reasonable person were to perceive a threat.

This case is unusual, not because it is the first Facebook case to reach the Supreme Court, but because it touches upon “new” mediums of expression: rap and online communications, where the tone and content can be edgy and context may not always be as clear.

Dive into this (quite detailed) legal issue with “The US Supreme Court’s ‘Facebook Case'” from the March 2015 Palm Beach Bar Bulletin, here.

Then check out the Third District opinion (here) and the briefs (here).

For the truly brave, check out the confusing oral argument, here.

And, for a slightly different twist, read the December 2014 Bell v. Itawamba opinion, here.

Arbitration Mediation
Before Delegating Arbitrability to Arbitrator, Supreme Court Must Decide FAA Exclusions (New Prime, Inc. v. Oliveira)

The case of New Prime, Inc. v. Oliveira is the second arbitration / delegable / arbitrability question which the U.S. Supreme Court decided in a week. This case may have limited application to disputes involving transportation workers however it is worth discussing to ensure a clear understanding the delegation of …

Arbitration Mediation
“I Like Arbitration,” Says Justice Kavanaugh in His First Opinion on Arbitrability (Schein v. Archer & White)

Justice Kavanaugh issued his first Supreme Court opinion (unanimous) which helped streamline enforcement of arbitration AND provided contract-drafting lawyers some model arbitration language (which, as we’ll see, still needs some work). The question before the Court was whether a trial court could still decide the threshold question of “arbitrability” — …

Privacy
Don’t Let LinkedIn Follow You Around the Internet (and other privacy settings)

Have you checked your LinkedIn privacy settings? Don’t be fooled with a “I barely even used LinkedIn” attitude. Take 2 minutes. From the article below, here are the key steps: [easier if you have two screens, keep this open and then open your LinkedIn account on your second screen] 1. …