Last week, Kansas High School student Emma Sullivan used Twitter to discuss her feelings about Governor Sam Brownback. While participating in a Youth in Government Program Sullivan tweeted, "Just made mean comments at gov brownback and told him he sucked, in person #heblowsalot.
Governor Brownback's office was not amused by the Tweet and Niomi Burget, assistant director of scheduling for the governor forwarded the tweet to Deborah Brown of the Shawnee Mission School District who then contacted Sullivan's principal. Sullivan was "asked" to write an apology to the governor but refused. Whether Sullivan was "asked" or "ordered" to write an apology to the governor is a question that needs to be answered since Sullivan was exercising her First Amendment right to criticize the governor.
Does Governor Brownback's office spend a significant amount of time and public resources on social media monitoring? Does his office spend taxpayer dollars to deploy a social media monitoring service? Or, does his office spend taxpayer dollars to do Twitter searches on a regular basis? What type of resources does his office allocate to social media monitoring and how does it determine when to react?
I told the Associated Press that this incident reflects poorly on the governor's office and that it needs to learn how to properly deal with social media related issues. It is disappointing that Governor Brownback's office still has not properly put this issue to bed.
Sullivan is now being cyberbullied because Governor Brownback's office did not understand how to respond to a negative tweet from a high school student. When Governor Brownback's office is interested in learning how to properly resolve this matter he may contact me at 301-652-3600 or at bshear@shearlaw.com.
To learn more about these issues you may contact me at http://shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, November 30, 2011
Monday, November 21, 2011
Virginia Tech Cadet Utilizes YouTube to Ask Taylor Swift to Military Ball
On November 20th, 2011, I discussed with NBC 4 Washington's weekend anchor Angie Goff a recent trend regarding inviting celebrities to formal functions and Black Friday Deals on Facebook. To learn more about these issues watch the segment...
Tuesday, November 15, 2011
Penn State scandal proves NCAA schools should not social media monitor student athletes
The Penn State child molestation case against former Penn State coach Jerry Sandusky is already the worst college sports scandal of all time. It appears that Penn State officials may have had actual knowledge of the allegations against Sandusky since either 1999 or 2002 and did not take the appropriate actions necessary to stop him.
It is too soon to speculate, but it is possible that Penn State may have tremendous legal liability regarding the allegations against Sandusky even though Sandusky has not been an employee of the university since his retirement in 1999. These allegations have already led to reports that Penn State's bond rating may be downgraded in anticipation of the potential legal liability. If Penn State's bond rating is lowered it may make it more expensive for the school to borrow money for capital projects which may in turn harm Pennsylvania taxpayers and students who attend the university.
It is too soon to speculate, but it is possible that Penn State may have tremendous legal liability regarding the allegations against Sandusky even though Sandusky has not been an employee of the university since his retirement in 1999. These allegations have already led to reports that Penn State's bond rating may be downgraded in anticipation of the potential legal liability. If Penn State's bond rating is lowered it may make it more expensive for the school to borrow money for capital projects which may in turn harm Pennsylvania taxpayers and students who attend the university.
It does not appear that Sanduksy created any incriminating social media posts about his alleged illegal activity. If Sandusky committed his crimes off campus on his own time and Penn State had no knowledge of his alleged wrongdoing it most likely would be difficult for Sandusky's alleged victims to win a civil suit against Penn State. However, if Penn State was aware of Sandusky's alleged criminal activities and failed to stop him the school may have major legal liability issues to defend against.
NCAA schools do not have a legal duty to monitor the social media content of their student-athletes. However, there are some schools that are creating the duty to monitor their student-athletes' public and private social media content. I have discussed the numerous constitutional and legal liability issues involved with social media monitoring student-athletes on multiple occasions.
If a school decides to create the duty to monitor its student-athletes social media content and fails to prevent a student-athlete from committing a crime or an incident that creates civil liability that may have been noticed via the student's social media activity the school may have Penn State like liability issues to defend against.
After the Penn State scandal, I find it hard to believe that a school would even think about creating a duty to monitor the social media content of its student-athletes. If Penn State had a monitoring policy in place for its student-athletes or employees and missed any social media posts that hinted at any illegal activity Penn State's liability for this terrible tragedy would be even greater than it already may be.
To learn more about these issues you may contact me at http://shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
After the Penn State scandal, I find it hard to believe that a school would even think about creating a duty to monitor the social media content of its student-athletes. If Penn State had a monitoring policy in place for its student-athletes or employees and missed any social media posts that hinted at any illegal activity Penn State's liability for this terrible tragedy would be even greater than it already may be.
To learn more about these issues you may contact me at http://shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, November 10, 2011
US should investigate why Sandusky was arrested after Paterno broke the Division I wins record
Should the U.S. investigate why Jerry Sandusky was arrested only after Joe Paterno broke Eddie Robinson's record of 408 wins? I find it troubling that only after Paterno broke the record for most wins by a Division I football coach was Paterno's longtime defensive coordinator Jerry Sandusky arrested for child rape and sodomy. Did this delay cause more young boys to be put in harm's way so a football coach could claim a significant historical record before a scandal engulfed him?
Did Sandusky violate the Mann Act? Did Sandusky transport minors across state lines and sodomize or rape them? In 1998, one of Sandusky's victims was listed as a member of Sandusky's family for the Outback Bowl. Did Sandusky take any other victims with him across state lines to a Penn State football game?
It is too early to speculate on Penn State's potential liability in this scandal. However, today a jury in Miami-Dade Circuit Court awarded a sex abuse victim $100 million dollars. Therefore, between legal fees, settlements, judgments, possible fines etc... it is possible that this scandal may cost Penn State $100 million dollars or more. This does not factor in the damage to its reputation along with the loss of future economic opportunities.
This already appears to be the worst college sports scandal of all time. Covering up child rape and sodomy on campus to protect an institution's reputation is unforgivable and indefensible. Why didn't someone who knew about the allegations against Sandusky put a stop to him years ago?
To learn more about these issues you may contact me at www.shearlaw.com
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tuesday, November 8, 2011
Joe Paterno, Penn State, Social Media Crisis Management, and the Law
Joe Paterno's days as a head college football coach, teacher, and mentor to young men may be fast approaching an end. It may be a week, a few days, or even hours before he is no longer the head football coach of Penn State. One of the most respected college coaches of all time is on his way out because Penn State is embroiled in a child molestation scandal. Paterno's former defensive coordinator Jerry Sandusky has been charged with sexually abusing eight boys during a 15-year period.
Did Paterno break any laws? It is too soon to speculate until the investigation is completed and all of the facts come to light. However, under Pennsylvania Code Title 23-Domestic Relations, Chapter 63-Child Protective Services, Section 6311-Persons required to report suspected child abuse, school teachers and school administrators are required to report suspected child abuse to the proper authorities. It is alleged that Paterno reported a 2002 allegation against Sandusky that he was made aware of to his superiors; but under Pennsylvania law did Paterno fulfill all of his reporting obligations?
Did Paterno break any laws? It is too soon to speculate until the investigation is completed and all of the facts come to light. However, under Pennsylvania Code Title 23-Domestic Relations, Chapter 63-Child Protective Services, Section 6311-Persons required to report suspected child abuse, school teachers and school administrators are required to report suspected child abuse to the proper authorities. It is alleged that Paterno reported a 2002 allegation against Sandusky that he was made aware of to his superiors; but under Pennsylvania law did Paterno fulfill all of his reporting obligations?
Paterno is not just a coach to some of his players and other young men, he may also be a father figure. The allegation that Paterno did not do everything in his power to expose the truth about Sandusky and stop him from molesting other boys is very troubling.
If the allegations against Sandusky are true, it is possible that Penn State may have tremendous civil legal liability. If Paterno, or any Penn State administrators knew Sandusky may have been violating the law while Sandusky was an employee or utilizing Penn State's facilities a strong civil case for negligence against Penn State may be successful.
Yesterday evening I read about a Facebook page entitled,"Joe Paterno should resign." Last night it had around 80 members. Less than 24 hours later there are more than 300 members and counting. Social Media has made this story spread like wild fire and I believe that the anger these allegations have created will lead to Paterno's departure in the very near future.
To learn more about social media crisis management in sports you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
If the allegations against Sandusky are true, it is possible that Penn State may have tremendous civil legal liability. If Paterno, or any Penn State administrators knew Sandusky may have been violating the law while Sandusky was an employee or utilizing Penn State's facilities a strong civil case for negligence against Penn State may be successful.
Yesterday evening I read about a Facebook page entitled,"Joe Paterno should resign." Last night it had around 80 members. Less than 24 hours later there are more than 300 members and counting. Social Media has made this story spread like wild fire and I believe that the anger these allegations have created will lead to Paterno's departure in the very near future.
To learn more about social media crisis management in sports you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Sunday, November 6, 2011
Supreme Court Must Uphold 4th Amendment Protections in the Social Media Age
This week the Supreme Court will hear arguments in United States v. Jones regarding whether installing a GPS device on a suspect's car without a warrant is constitutional. This case may have far reaching ramifications in the Social Media Age because it may create the foundation to determine whether electronic data in various platforms may be protected by the 4th Amendment.
On April 29, 2010 and July 25, 2010, I discussed how Congress may pass the Social Media Privacy Protection Act. This act may be able to protect our electronic content from unreasonable searches and seizures in the Social Media Age. Last month, I discussed how California Governor Jerry Brown recently vetoed legislation that would have required a warrant to search the cell phone of a person who has been arrested in California. If the Supreme Court does not set limits on how the police may deploy electronic tracking devices I would not be surprised if Congress steps in to address this matter.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
On April 29, 2010 and July 25, 2010, I discussed how Congress may pass the Social Media Privacy Protection Act. This act may be able to protect our electronic content from unreasonable searches and seizures in the Social Media Age. Last month, I discussed how California Governor Jerry Brown recently vetoed legislation that would have required a warrant to search the cell phone of a person who has been arrested in California. If the Supreme Court does not set limits on how the police may deploy electronic tracking devices I would not be surprised if Congress steps in to address this matter.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, November 2, 2011
NJ Fake Facebook Page Case May Open Up A Pandora's Box
Earlier today, a judge in New Jersey declined to dismiss a case against a defendant charged with creating a fake Facebook page of her ex-boyfriend that appeared to defame him. This ruling may open up a Pandora's box and create more problems than anticipated.
While the Morris County New Jersey prosecutor's office may believe New Jersey's identity theft law should govern fake social media profiles that appear to defame others I am not sure if they fully understand the ramifications of its position. There are tens of thousands of fake social media pages on social media platforms. Therefore, will everyone who is under New Jersey's jurisdiction who has created a fake social media page be prosecuted for identity theft under New Jersey law?
I told the Associated Press that this case sounds like it may be better handled in civil rather than criminal court. It appears that there may be a violation of Facebook’s terms of service. This is a novel interpretation of New Jersey's identity theft law and it may be difficult for the defendant to be ultimately adjudicated guilty. California has specifically addressed this issue through legislation along with New York and Mississippi. It is likely that other states may soon follow suit.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
While the Morris County New Jersey prosecutor's office may believe New Jersey's identity theft law should govern fake social media profiles that appear to defame others I am not sure if they fully understand the ramifications of its position. There are tens of thousands of fake social media pages on social media platforms. Therefore, will everyone who is under New Jersey's jurisdiction who has created a fake social media page be prosecuted for identity theft under New Jersey law?
I told the Associated Press that this case sounds like it may be better handled in civil rather than criminal court. It appears that there may be a violation of Facebook’s terms of service. This is a novel interpretation of New Jersey's identity theft law and it may be difficult for the defendant to be ultimately adjudicated guilty. California has specifically addressed this issue through legislation along with New York and Mississippi. It is likely that other states may soon follow suit.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
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