Social Media - The Good, The Bad, and The Ugly - International ...

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The 1st Amendment and Public Employee Speech Curran v. Cousins, 509 F.3d 36 (1 st Cir. 2007) Corrections officer was terminated after making comments on union website comparing the Sheriff to Hitler, those following the Sheriff’s instructions to Hitler’s generals, officers to the Jews being marched to death chambers, and further, referencing the plot to assassinate Hitler in regard to the Sheriff. Court of Appeals held that non-threatening elements of the post were protected political speech, but that the threatening elements were not protected. The unprotected speech with prior bad conduct was sufficient to justify termination. ©Ruckelshaus Kautzman Blackwell Bemis & Hasbrook 2012 ©Andrew R. Duncan 2012
Social Media and the Constitutional Right to Privacy Supreme Court has recognized the potential for protected privacy interests in even text messages sent on employer owned devices. City of Ontario, Cal. V. Quon, 130 S.Ct. 2619 (U.S. 2010). SCOTUS declined to recognize a protected property interest in electronic messages due to the evolving nature of technology Importantly, SCOTUS found that even if a protected privacy interest exists, that public employers are entitled to access such information for reasonable work-related purposes. ©Ruckelshaus Kautzman Blackwell Bemis & Hasbrook 2012 ©Andrew R. Duncan 2012
Page 1 and 2: Andrew R. Duncan RUCKELSHAUS KAUTZM
Page 3 and 4: Statistics ○ 1 Billion active Fac
Page 5 and 6: Statistics Social Media accounts f
Page 7 and 8: ©Ruckelshaus Kautzman Blackwell Be
Page 9 and 10: Monitoring Software Social Sentry:
Page 11 and 12: Always Be Cautious!!!! Potential f
Page 13 and 14: Employees - Don’t Beat Yourself!
Page 15 and 16: The Legal Ramifications of Social N
Page 19 and 20: ©Ruckelshaus Kautzman Blackwell Be
Page 21 and 22: http://www2.turnto10.com/news/2011/
Page 25 and 26: The Limitations of Constitutional a
Page 27 and 28: Existing 1st Amendment Protections
Page 29 and 30: The 1st Amendment and Public Employ
Page 31: The 1st Amendment and Public Employ
Page 35 and 36: Adopting Effective and Legal Social
Page 37 and 38: Adopting Effective and Legal Social
Page 39 and 40: Employers Requesting Social Media P
Page 41 and 42: Social Networking TIPS (Employees)
Page 43 and 44: Employees REMEMBER……… You are
Page 45: Thank You Andrew R. Duncan ard@ruck

Social Media - The Good, The Bad, and The Ugly - International ...

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