Social Media Law has been a huge topic for some time. Lots of posts have been written about it. My knowledge of the field first started with Phone Dog v Noah Kravitz, which dealt with intellectual property. That now famous case produced a very interesting question: what is the monetary value of a Twitter follower? $50.00? $10.00? A fantastic, thought-provoking topic to be sure. But because the case was settled out of court in 2012 for an unspecified amount, that question remains open.
Last year, three fascinating cases emerged. (1) Whitmar Publications Ltd. v Gamageasks the question, "When does a company 'own' LinkedIn information?"; (2) Bland v Roberts, asks "Can liking a Facebook page cost you your job?"; and, (3) the case involving Stacey Mattocks vs BET asks "Can you really own 'Likes' or followers?" These are all exciting reads, especially Bland vs Roberts.
2014 has seen no shortage of social media law developments. From rocker Courtney Love's Twitter Defamation case and California's "erase law" for minors, to the American Bar Association giving the OK to screen jurors' social media sites and the increased scrutiny of marketers involving Pinterest contests. For a social media enthusiast like me, it can't get any better than this. But by far, the case that just took social media law into the stratosphere is Elonis v. United States, which will be heard by the U.S. Supreme Court. The case asks whether the First Amendment protects threats on Facebook.
As a past participant in several campaigns against cyber-bullying, this case is of particular interest to me. Who knows which way the supreme court will rule. But the good news is this: we could be close to the day when very few will be unaware of what social media law is, and what it involves. More and more states are passing laws barring employers from requesting employees and applicants to hand over social media passwords. Moreover, "estate planning" will take on a new meaning as people try to figure out who will get access to a deceased person's digital accounts.
TweetMe Please
Last year, three fascinating cases emerged. (1) Whitmar Publications Ltd. v Gamageasks the question, "When does a company 'own' LinkedIn information?"; (2) Bland v Roberts, asks "Can liking a Facebook page cost you your job?"; and, (3) the case involving Stacey Mattocks vs BET asks "Can you really own 'Likes' or followers?" These are all exciting reads, especially Bland vs Roberts.