Can Your Clients Be Convicted for Threats on Social Media?

1st Amendment

A Florida high school student posted online, “Can’t WAIT to shoot up my school.”  “It’s time” and “School getting shot up on a Tuesday.”

He was arrested for violating Florida Statute 836.10 (“written threats statute”).  Then he was convicted.  But the appellate court reversed.

You can read the Florida Second DCA opinion in J.A.W. v. Florida.

This December 2016 article, published in the Palm Beach Bar Bulletin, explains Florida’s law regarding threats and how it applies to social media and online statements.

The article is here.

Image credit: Independent Journal Review

1st Amendment
Applying “Old” Laws to New Technology: Smartphones, Recordings, Privacy (at FAU)

Special thanks to attorney / instructor Larry Buck for inviting me to speak to his Florida Atlantic University “Law in the Real World” honors class about my practice, particularly how we apply traditional laws to new, emerging technologies. We discussed: drone regulation First Amendment and social media (US v. Hobgood, …

1st Amendment
Is a Demand for an Apology = Extortion? (Social Media & First Amendment:U.S. v. Hobgood)

In the song, “Hello,” Adele sings as a jilted lover, calling “a thousand times… to tell you I’m sorry.” It became a hit song in 2015. Contrast that with the facts of U.S. v. Hobgood, out of the Eighth Circuit, where the defendant had a brief romantic relationship with “KB,” …

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. …