Social Media

The War on Terror, 'Material Support,' and the First Amendment

The U.S. Department of State maintains a list of organizations it believes engage in terrorist activity, and under federal law it is illegal to provide material support to them.

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Los Terroristas de Twitter?

Imagine you live in a country where criminal attacks on civilians are alarmingly familiar, and reliable reporting from the local media is regrettably unfamiliar.  You hear about an attack on your local school, so you take to the Internet to spread the word on Facebook and Twitter to warn people before it's too late.  Mercifully, the report you heard was mistaken, and everything's okay...

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Zen and the Constitutionality of Twitter 'Cyberstalking'

If you thought a spat between Buddhists couldn't devolve into a federal cyberstalking case of dubious constitutionality, consider the following.

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Bay Area Rapid Transit v. Protesters

Date: 

08/11/2011

Threat Type: 

Police Activity

Party Receiving Legal Threat: 

No Justice No Bart, Anonymous, other protesters

Type of Party: 

Government

Type of Party: 

Organization

Publication Medium: 

Email
Forum
Social Network
Verbal

Status: 

Pending

Description: 

According to SF Weekly, on July 3, 2011, a homeless man named Charles Hill was shot to death by police officers for the San Francisco Bay Area Rapid Transit District ("BART"). Two and a half years earlier, BART police used lethal force against 22-year old Oscar Grant. Both cases have lead activist groups to stage protests against BART and its police force.

On July 11, 2011, protesters with No Justice, No BART  and other organizations staged a protest in the Civic Center Station, where Hill was shot. According to SF Gate, approximately 100 protesters attended and some blocked the doors of trains, leading BART to temporarily close the station.

According to a BART press release, BART and San Francisco police officers learned of a further protest planned for August 11, 2011 early in the week of August 8th. They believed that protesters were planning to coordinate protests at the station using cell phones, and in an attempt to disrupt that coordination shut down cellular service to specific stations in the BART system. According to Scientific American, BART did this by disabling power to the cell phone and wireless network base stations it owned in the underground system. According to CBS San Francisco, the August 11th protest never materialized.

According to Mashable, web activist group Anonymous responded to BART's closure of cellular service by shutting down the consumer-relations website mybart.org on August 14, 2011, leading to the website's indefinite suspension. Anonymous also organized further protests on August 15, 2011, leading to additional station closures, though no reported cell phone service disruption.

The Bay Citizen reports that the FCC is investigating BART's decision to disable cell phone service in the stations. On August 29, 2011, a group of public interest organizations led by Public Knowledge filed a petition for declaratory ruling to the FCC, arguing that BART's actions violated the Communications Act of 1934.

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New California Law Prohibits Jurors' Social Media Use

UPDATE: Two years after the law went into effect, California's Judicial Council recommended that the statute be repealed, saying that that the possibility of criminal sanctions actually impeded courts' inquiries into improper online activity by jurors. The criminal provisions were repealed in 2014, 2014 Cal. Laws chap. 99, although civil penalties remain.

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BART Phone Blackout: Did the S.F. Transit Agency Violate Free Speech Protections? Part 2

This is the second half of an analysis of the free speech issues implicated by the Bay Area Rapid Transit (BART)'s shutdown of mobile phone service on Aug. 11 in order to prevent scheduled protests.  The first part of the blog is available here.

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BART Phone Blackout: Did the S.F. Transit Agency Violate Free Speech Protections?

When the Bay Area Rapid Transit (BART) shut down cell phone service at various train platforms on Aug.

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Announcing OpenCourt

It is a fundamental principle of the United States legal system that courts should be open to the public.  This principle is widely regarded as more aspirational than factual, because of numerous practical barriers to courtroom access -- not the least of which is that most of us do not have the time or ability to travel to the court to witness proceedings in person.  While the news media report on judicial proceedings,

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Can CAN SPAM Apply to Social Media? Yes It Can.

The regulation of commercial speech on social media sites continues to increase. In late March, a federal court in California held that Facebook postings fit within the definition of "commercial electronic mail message" under the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act;" 15 U.S.C. § 7701, et seq.).

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A Fine Day for FTC's Blogger Rules

The Federal Trade Commission has announced the first monetary penalty under its "Guides Concerning the Use of Endorsements and Testimonials in Advertising": a $250,000 settlement with a company that sells guitar lessons on DVDs.

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Trademarks: Why Registering Your Design or Logo May Not Protect You

What are the differences between “special form” (stylized, design, logo) trademarks and “standard character” (word) trademarks?

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U.K. Extends Consumer Disclosure Laws Online, As In U.S.

The Office of Fair Trading, the British equivalent of the United States Federal Trade Commission, has determined that the hiring of bloggers and other social media contributors to promote particular products without adequate disclosure of the relationship may violate U.K. consumer protection laws. Handpicked Media Ltd (Handpicked Media), Case Ref. CRE-E-25932 (OFT Dec. 13, 2010).

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Social Media Policies: Fed Labor Law Problem?

A Connecticut company suspended and then fired an employee for making disparaging comments on Facebook about the company and about her supervisor.

Not in dispute is that the employee’s actions violated the company’s social media and other personnel policies, which (among other things) prohibited depicting the company ‘in any way’ on Facebook or other social media sites or from “disparaging” or “discriminatory” “comments when discussing the company or the employee’s superiors” and “co-workers.”

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Intentional Grounding: Can Public Colleges Limit Athletes' Tweets?

An exercise we did Friday at Univeristy of Nevada, Reno's High School Journalism Day raised an interesting legal question: can a public university restrict its students' use of social networking sites such as Facebook and Twitter?

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The Killing Joke: We Debate Broadband Access Definitions as Library Hours Plummet

"Man goes to doctor. Says he's depressed. Says life seems harsh and cruel. Says he feels all alone in a threatening world where what lies ahead is vague and uncertain. Doctor says 'Treatment is simple. Great clown Pagliacci is in town tonight. Go and see him. That should pick you up.' Man bursts into tears. Says 'But, doctor...I am Pagliacci.'" - Rorchach's Journal, Oct.

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Logging In and Lashing Out: 'Crowdsourced retaliation' presents new challenges to journalists

Critics have always run the risk of retaliation. They have not, however, always run the risk of having their personal phone number micro-blogged to over 115,000 people in a split second.

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Eric Robinson and Reporter Ron Sylvester Discuss Social Media in the Courtroom on Lawyer2Laywer

CMLP contributor Eric P.

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Right for the Wrong Reasons: DC Court of Appeals Vacates 30-Year Computer Ban

Cyanide and Happiness, a daily webcomicIt is hard to know how to feel when a court does the right thing for the wrong reasons.  On April 2, in United States v. Russell, the D.C. Court of Appeals vacated an immutable 30-year computer and Internet ban as a condition for the supervised release of a sex offender.

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Paving Hell: ACTA Encourages Oppression from Friend and Foe Alike

The drafting of the Anti-Counterfeit Trade Agreement (ACTA) isn’t going so well.

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Using the Internet During Trial: What About Judges?

Over the past year, we've watched the courts struggle with Internet and social media use involving a variety of actors.

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