I have previously discussed Cleveland's prior misguided attempts to create ambiguous social media law. Cleveland has finally passed a law that may criminalize social media. This new ordinance (see page 25, sections 1392-11, 1393-11 and 1394-11) that allegedly is aimed at trying to curb flash mobs is very troubling and may create unanticipated problems that were not envisioned by its sponsors.
Will Cleveland police officers during a Terry Stop and Frisk check to see if someone is carrying a digital weapon (personal electronic device) instead of a physical weapon (gun or a knife)? Will this new ordinance change the Stop and Frisk procedures in Cleveland? Was this question even imagined by those who voted in favor of this ordinance?
Fortunately for those who live and/or visit Cleveland, the Ohio Supreme Court ruled a couple years ago that while under Ohio's jurisdiction people have an expectation of privacy regarding the content on their cell phones. Therefore, the potential for abuse of this new ordinance may be less than what it may have been had the Ohio Supreme Court not been so enlightened.
As I previously stated, this law is vague and will only create more problems than it will solve. The tremendous disconnect between social media and government policy continues.
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.
Showing posts with label Social Media Flash Mob Law. Show all posts
Showing posts with label Social Media Flash Mob Law. Show all posts
Tuesday, December 13, 2011
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.
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.
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.
Monday, July 25, 2011
Is Cleveland's improper use of social media ordinance unconstitutional?
Cleveland is known for many things. Both famous and renown. They may also soon be known as one of the first large cities in the United States to ban "destructive" social media "Flash Mobs".
According to Wikipedia, a Flash Mob "is a group of people who assemble suddenly in a public place, perform an unusual and sometimes seemingly pointless act for a brief time, then disperse, often for the purposes of entertainment and/or satire. A flash mob may be organized via social media, texting, email, or other electronic platforms.
According to Cleveland's City Council website, the new "ordinance would focus on intended use of social media to cause public disruption". Cleveland's City Council passed the law last week to combat Flash Mobs or what others may call "Tweet Ups".
What if there is a national political convention or another large event in Cleveland and social media is utilized to gather interested people to express their opinions? What will happen when the Baltimore Ravens or Pittsburgh Steelers come to town for their annual AFC North games against the Cleveland Browns and people utilize social media to talk trash about the game? One person's Flash Mob is another person's Tweet Up. How will the law be enforced?
Does Cleveland have a special ordinance on the books against utilizing a phone, a radio or television program, etc... to address the issues that this law is trying to combat? Does Cleveland's City Council need a refresher course on the First Amendment, Common Sense, etc...?
I believe this new ordinance is an over-reaction. The best course of action is to enforce the current laws on the books. The ink has barely dried and the ACLU has already sought to repeal it. I hope that Cleveland's City Council sees the error of its ways before tens or hundreds of thousands of dollars in legal fees are wasted defending this ill-conceived law.
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.
According to Wikipedia, a Flash Mob "is a group of people who assemble suddenly in a public place, perform an unusual and sometimes seemingly pointless act for a brief time, then disperse, often for the purposes of entertainment and/or satire. A flash mob may be organized via social media, texting, email, or other electronic platforms.
According to Cleveland's City Council website, the new "ordinance would focus on intended use of social media to cause public disruption". Cleveland's City Council passed the law last week to combat Flash Mobs or what others may call "Tweet Ups".
What if there is a national political convention or another large event in Cleveland and social media is utilized to gather interested people to express their opinions? What will happen when the Baltimore Ravens or Pittsburgh Steelers come to town for their annual AFC North games against the Cleveland Browns and people utilize social media to talk trash about the game? One person's Flash Mob is another person's Tweet Up. How will the law be enforced?
Does Cleveland have a special ordinance on the books against utilizing a phone, a radio or television program, etc... to address the issues that this law is trying to combat? Does Cleveland's City Council need a refresher course on the First Amendment, Common Sense, etc...?
I believe this new ordinance is an over-reaction. The best course of action is to enforce the current laws on the books. The ink has barely dried and the ACLU has already sought to repeal it. I hope that Cleveland's City Council sees the error of its ways before tens or hundreds of thousands of dollars in legal fees are wasted defending this ill-conceived law.
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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