The United States Court of Appeals for the Ninth Circuit recently reviewed a case in which an off-duty employee’s social media use may constitute workplace harassment under Title VII of the Civil Rights Act of 1964. While this decision only impacts the Ninth Circuit, its adherence to the Equal Employment Opportunity Commission’s Enforcement Guidance on Harassment in the Workplace regarding … [Read more...] about An Off-Duty Employee’s Social Media Use May Constitute Workplace Harassment
social media
Supreme Court Reviews Whether Public Officials Can Be Sued for Blocking Users on Social Media
On March 15, 2024, the Supreme Court of the United States ruled that state officials may be sued in some circumstances where they act in their official capacity on social media. Applying the state-action doctrine, the Court ruled on Lindke v. Freed, No. 22-611, 2024 U.S. LEXIS 1214 (Mar. 15, 2024), a case arising from a public official’s act of deleting comments and blocking profiles from his … [Read more...] about Supreme Court Reviews Whether Public Officials Can Be Sued for Blocking Users on Social Media
Can a School Board Member Block a Critical Parent on Social Media? SCOTUS Agrees to Hear Case
While social media can be an effective and efficient tool to communicate with parents and other stakeholders, its role in public education has come under scrutiny in recent years and has even landed some school districts in the middle of lawsuits. One lawsuit likely to shed some light on what school board members can and cannot do when using their social media accounts is O’Connor-Ratcliff v. … [Read more...] about Can a School Board Member Block a Critical Parent on Social Media? SCOTUS Agrees to Hear Case
Schools, Free Speech and the Challenges of Social Media
Before the advent of social media platforms like Instagram and TikTok, schools could rely on the simple test of where the speech or incident took place. If someone said or did something on campus, school leaders could discipline a student or employee. If the issue occurred off campus, their hands were tied unless a “substantial disruption” to school operations could be proved. Social media has … [Read more...] about Schools, Free Speech and the Challenges of Social Media
PA Supreme Court Overturns Case of PennDOT Employee Who Made Threatening Facebook Post
In Rachel L. Carr v. PennDOT and Pa. State Civil Commission, the Pennsylvania Supreme Court recently overturned a Commonwealth Court’s decision that held a probationary PennDOT employee’s First Amendment rights to free speech were violated when PennDOT fired her for a post on Facebook about school bus drivers. In cases surrounding the termination or discipline of a public employee for their … [Read more...] about PA Supreme Court Overturns Case of PennDOT Employee Who Made Threatening Facebook Post
CLE: Navigating a Changing Social Media Landscape
On December 5, 2019 at 12:00 p.m., KingSpry will present the latest in its series of in-house CLE classes, “Navigating a Changing Social Media Landscape.” Going back to law school, every lawyer has heard some variation of the phrase “the law cannot keep up with technology.” While not entirely accurate, it is all too true that the law and its attendant regulations often lag behind developing … [Read more...] about CLE: Navigating a Changing Social Media Landscape
