I advise my clients to Tweet and utilize other digital platforms only after they have thought about the potential legal consequences that may occur if they share their personal thoughts online. Too many self-described social media consultants preach how great it is to share as much about yourself on electronic platforms as possible to make your personal story "authentic". This feel good "branding" advice that many social media consultants tout is usually worthless and may create tremendous legal liability issues.
Before social media, to have your voice heard was not easy. In the past, a publicist may have been needed to reach out to the media. Social Media has changed the game and increased the potential for major legal liability for those who post online. For example, during the trial of George Zimmerman for the alleged murder of Trayvon Martin, Spike Lee Tweeted out an incorrect address of a couple whom he believed was George Zimmerman's parents. To avoid a potential trial, Spike Lee settled with the couple whose address he incorrectly posted on Twitter.
Spike Lee was not the only celebrity who Tweeted about the George Zimmerman case who may need to pay civil damages because of his Tweets. Actress Roseanne Barr was sued by George Zimmerman's parents for Tweeting out their actual address which they claim required them to live in hiding. According to CNN, the Zimmermans accuse Barr of "intentional infliction of emotional distress" and "invasion of privacy" with the message to her 110,000 Twitter followers on March 29, 2012."
The bottom line is be careful about what you Tweet. Just because you have the ability to comment about a matter of public concern doesn't mean you should say whatever is on your mind. While you may have the right to say whatever you want in our country, almost anyone has the right to sue you for almost whatever you say. Whether the lawsuit will be successful is an entirely different matter.
Copyright 2014 by the Law Office of Bradley S. Shear, LLC All rights reserved.
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