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
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 …