Showing posts with label Cleveland Social Media Law. Show all posts
Showing posts with label Cleveland Social Media Law. Show all posts

Friday, December 9, 2011

Cleveland Should Stop Trying To Criminalize Social Media

Cleveland is still trying to criminalize social media. If at first you don't succeed, try, try, again must be Cleveland's City Council slogan. On July 25, 2011, August 5, 2011, and on October 6, 2011 I wrote about Cleveland's prior attempts to criminalize social media flash mobs, tweet ups, get togethers, etc...

When I spoke with Thomas Ott of the Cleveland Plain Dealer in October I was quoted as saying that the law is still vague and that Cleveland has more work to do on the legislation. Unfortunately, Cleveland's City Council took my words literally and decided to redraft their legislation.

This proposed ordinance will create more problems than it will solve. If Cleveland's Mayor signs the proposal it may be tested during the Rock and Roll Hall of Fame induction ceremony next year. If a majority of Guns N' Roses (they deserved induction) original lineup plays at the ceremony or makes appearances in Cleveland and fans use social media for a tweet up and criminal activity occurs fans may be rounded up and prosecuted for using a hashtag such as #gunsnroses.

It is time for common sense to prevail. Cleveland should focus their resources on more productive matters than drafting and trying to enforce vague social media law(s).

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.

Thursday, October 6, 2011

Cleveland's continued misguided attempt at social media criminal law

Cleveland's City Council continues in its misguided attempt to create vague and unconstitutional social media criminal law. Cleveland's City Council is trying again to specifically criminalize the use of electronic media to create flash mobs.

This past summer, Cleveland's City Council tried to regulate the use of social media and fortunately for the citizens of Cleveland Mayor Frank Jackson vetoed the flawed legislation. As I told the Cleveland Plain Dealer, Cleveland should utilize its resources to provide its law enforcement officials social media training instead of drafting vague and misguided ordinances that will create more problems. I recommend Cleveland focusing its energy on enforcing its current laws and determining how to apply them to social media.

Maybe Cleveland's City Council should focus its efforts on banning its fans from standing up and cheering at the Brown's games. Oops. Somebody beat them to it.

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.

Friday, August 5, 2011

Cleveland Mayor Vetoes Social Media Flash Mob Law

Cleveland's Mayor Frank Jackson vetoed an ordinance that would have allegedly prohibited Flash Mobs and Tweet Ups. The law was suppose to put an end to the improper use of social media that was used to violate ordinances on disorderly conduct, public intoxication and unlawful congregation by promoting illegal flash mob activity.

When I first discussed this issue a few weeks ago, I stated that this ordinance was an over-reaction and that the best course of action is to enforce the current laws on the books. The law was vague and clearly violated the First Amendment.

Some jurisdictions are trying to legislate social media usage because they do not understand the medium. I believe that the ACLU's publicity of the ordinance was instrumental in Mayor Jackson's decision to veto the law. Unfortunately, I predict that the ACLU will need to spend a tremendous amount of resources over the next few years to protect our Social Media First Amendment rights.

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.