Mike McBride on Social Networking
I had the pleasure of discussing social networking with Mike McBride at ILTA 2010. Click here to listen to our discussion on the benefits and e-Discovery concerns of social networking.
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Harmless Error in Bank Robbery Conviction with Inadmissible Character Evidence from MySpace Profile
A Defendant in Georgia was convicted of multiple armed bank robberies and possession of a firearm by a convicted felon. The Defendant was sentenced to 2,005 months in prison for his crimes. On appeal, the Defendant claimed the District Court abused its discretion in admitting the “bad character evidence” of[…]
Read moreMySpace Public Party Invite Did Not Create a Foreseeable Danger
Events can be announced on a social networking site with a few clicks of a keyboard. What happens when people attending an event announced on a social networking site get attacked by other event attendees? In Melton v. Boustred, the Defendant announced on MySpace he would hold a party at[…]
Read moreBurning Down MySpace: How Photos Can Get You Fired
Social networking websites can be a source of litigation and Human Resources nightmares. These sites can also blur the lines between one’s personal and professional life. In Marshall v. Mayor of Savannah a probationary female firefighter was first reprimanded and then fired for her conduct during the reprimand originating from her MySpace photos. Marshall[…]
Read moreSocial Networking & Blogging Sneaks into a Supreme Court Opinion
The epic United States Supreme Court opinion on campaign finance reform sneaked in a passage on social networking and Free Speech. The opinion is over 100 pages long, with Concurring and Dissenting opinions, so this is by no means a comprehensive review of Justice Kennedy’s majority opinion. Justice Kennedy stated:[…]
Read moreInked Based Confessions on MySpace
The Defendant, who was being investigated for Social Security Fraud, challenged his confession to Federal agents. United States v. Morales, 2009 U.S. Dist. LEXIS 122110 (S.D. Ga. Dec. 17, 2009). The tip-off that there had been Social Security Fraud? The Defendant’s MySpace profile. The Defendant denied any wrongdoing when initially interviewed[…]
Read moreTwitter: Prohibited Jury Communications in Missouri
The pending jury instructions from the Supreme Court of Missouri address Web 2.0 and instant communications head on. The jury instruction specifically states: You are not permitted to communicate, use a cell phone, record, photograph, video, e-mail, blog, tweet, text, or post anything about this trial or your thoughts or[…]
Read moreBrewing Issues in Social Networking Litigation: How to Freak Out Co-Workers and Get Fired
A barista was fired from Starbucks for “inappropriate conduct and threatening violence to Starbucks and its employees.” Mai-Trang Thi Nguyen v. Starbucks Coffee Corp., 2009 U.S. Dist. LEXIS 113461 (N.D. Cal. Dec. 7, 2009). The Plaintiff in turn sued for sexual harassment, retaliation, religious discrimination, violations of the California Occupational Safety[…]
Read moreA Helicopter Parent’s Weapon of Choice: Facebook Photos
Laningham v. Carrollton-Farmers Branch Indep. Sch. Dist., 2009 U.S. Dist. LEXIS 86305 (N.D. Tex. Sept. 17, 2009) is a factual intense case of a cheerleader claiming unconstitutional gender bias on alleged cheerleader on cheerleader sexual harassment, which deprived the Plaintiff of her educational opportunities. The Plaintiff lost at summary judgment,[…]
Read moreInvasion of Privacy and Spoliation on MySpace
It is true that mass communication is no longer limited to a tiny handful of commercial purveyors and that we live with much greater access to information than the era in which the tort of invasion of privacy developed. A town crier could reach dozens, a handbill hundreds, a newspaper[…]
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