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Archive for the ‘First Amendment’ Category

In Balancing the First Amendment and Preventing Sex Trafficking, First Circuit Holds in Favor of Free Speech

By Yaping Zhang – Edited by Danielle Kehl

The First Circuit unanimously affirmed the dismissal of the claims of three victims of child sex trafficking against the website through which they had been prostituted. The court’s decision was based in the 1996 Communications Decency Act, under which a websites are not typically treated as the publisher or speaker of content posted on the site by others, and cannot be held liable for that content.

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Posted On Apr - 4 - 2016 Comments Off READ FULL POST

District Court Finds Hertz Not Liable for Employees’ Social Media Posts

By Sheri Pan – Edited by Henry Thomas

After a Hertz employee posted a racist, threatening, and otherwise offensive comment about a customer to Facebook, that customer attempted to hold Hertz accountable. The customer contended that Hertz negligently supervised and trained the culpable employee, and that the company had a duty to prevent employees from harassing customers on social media. The district court, however, found that no such duty existed.

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Posted On Mar - 29 - 2016 Comments Off READ FULL POST

Facebook not liable for discrimination against Sikhs in India

By Ann Kristin Glenster – Edited by Yaping Zhang

By dismissing Sikhs for Justice Inc.’s case against Facebook for discrimination by blocking the group’s page in India, the United District Court of Northern California maintains the neutrality of interactive online providers and exempts them from liability under Title II of the Civil Rights Act.

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Posted On Dec - 3 - 2015 Comments Off READ FULL POST

Second Circuit holds employer-disparaging Facebook activity protected by labor law

By Bhargav Srinivasan – Edited by Henry Thomas

Triple Play sports bar fired two employees after they responded to a Facebook post from a coworker suggesting that the bar improperly filed its taxes.  The NLRB found that the Facebook activity was protected concerted speech.  On appeal, the Second Circuit affirmed the decision of the NLRB, rejecting Triple Play’s theory that the profanity in the Facebook comment was made in the presence of customers and lost protection.  While the case was non-precedential, it departed from the trend of courts finding similar firings permissible.

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Posted On Nov - 17 - 2015 Comments Off READ FULL POST

Kazakhstan cannot use U.S. injunction to prevent reporting on documents acquired by hacking

By Frederick Ding — Edited by Yaping Zhang

After sensitive documents from the Kazakhstan government were posted online by unknown hackers, Kazakhstan obtained a preliminary injunction from a U.S. federal court, and sought to use it to prevent Respublika, an online newspaper, from reporting on and publishing the documents. The court found that the injunction does not apply to Respublika, which was not involved in the hacking, citing First Amendment free speech principles.

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Posted On Nov - 11 - 2015 Comments Off READ FULL POST
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