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 …

Injunction

Casual Sexual Relationships and Florida’s Injunction Against Dating Violence (versus other injunctions)

When seeking an injunction in Florida to prevent someone from contacting you, pay careful attention to which statute best applies. This is the (unfortunate) lesson of Tyler Sumners v. Lindsey Thompson. After meeting on Craigslist, the parties had a four year consensual sexual relationship punctuated by periods of time when …

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. …

Ethics

Florida Supreme Court Allows Judges to be Facebook Friends With Lawyers But Four Justices Disagree With the Practice (“I write to strongly urge judges not to participate in Facebook”)

The Florida Supreme Court resolved a conflict between two intermediate appellate courts when it determined that a judge-lawyer “Facebook friend” relationship, alone, was not enough to warrant recusal of the judge.  The Court deemed its position was the majority position around the country.  However, four justices noted that caution, if …

E-discovery

Christopher Hopkins Discusses Social Media Discovery in 2018 at Palm Beach Bar Association

Special thanks to the Palm Beach Bar Association for inviting me to speak at the CLE, “How to Get Your Claim Move-In Ready for Trial.” Space is still available and you can sign up here. My small portion of the event was to discuss Florida social media discovery as well …

E-discovery

NBI CLE: Facebook, Twitter, Instagram, Email, and Smartphone Evidence (Florida)

Special thanks to National Business Institute (NBI) for hosting this 2-day CLE seminar in Fort Lauderdale, Florida. You can find the seminar information (and download the audio) here. My topics included: Apps and Emerging Technology You Must Know Preserving Electronic Evidence and Avoiding Spoliation Social Media Cases Metadata Made Simple …

Arbitration Mediation

Florida Dispute Resolution Conference 2018: Christopher Hopkins Discusses ESI/E-Discovery for Mediators AND Cyber Security and Data Breach for Mediators

Thanks to the Florida Dispute Resolution Conference for inviting me to speak at the 2018 conference. Topics covered: 25 ESI and E-Discovery Terms for Mediators in 75 minutes and Cybersecurity and Data Breach for Mediators. You can download the presentations here and here. If you would like CME points, you …

Privacy

Reddit Automatically Opts You In to Ads & Tracking — Here’s the Privacy Setting Changes to Make Now

While Reddit users tend to be savvy internetters, few of you have likely bothered to check Reddit’s privacy / personalization settings. You need to. Log into Reddit on your PC/Mac, click your user name in the upper right, and select user settings. Note: you cannot make these changes from the …

Social Media

Can Bloggers Use Any Image on the Internet?

The question about bloggers-using-images-from-the-internet is by no means a new debate but the latest log on this fire is Russell Brammer v. Violent Hues Productions, LLC (E.D. Va. June 11, 2018).  This case, which is now on appeal, certainly comes to the aid of bloggers, website owners, and social media …

4th Amendment

US Supreme Court Touches on Social Media (Facebook) Discovery in Collins v. Virginia (2018)

On May 29, 2018 the U.S. Supreme Court issued a case involving a Fourth Amendment search of a motorcycle parked on the curtilage of a home.  In Collins v. Virginia (8-1), SCOTUS held that a motorcycle parked in an enclosed area of a driveway was within the curtilage of the …

1st Amendment

Trump Cannot Block Twitter Users: Knight First Amendment Institute et al. v. Trump et al.

A federal judge in the Southern District of New York has issued a 75-page Memorandum and Order concluding that President Trump cannot block Twitter users because aspects of his @realdonaldtrump account is a government-controlled forum and Trump’s viewpoint-based exclusion of the plaintiffs from that designated public forum is proscribed by …

1st Amendment

Christopher Hopkins discusses First Amendment & Social Media at University of Miami Law School

A special thanks to professor Jan Jacobowitz for inviting me to speak about the First Amendment and Social Media as part of her Social Media and the Law class at the University of Miami Law School. Some of the cases we covered include: Elonis v US US v Elonis In …

Ethics

Legal Ethics (presented by Christopher Hopkins) at NBI Estate Administration Boot Camp

A special thank you to NBI for inviting me to speak about legal ethics at their “Estate Administration Boot Camp” in Hollywood, Florida this year. There is still time to register or get the audio CLE, here. Some (unusual) ethical issues we covered: Statistics on Florida Bar disciplinary actions (what …