Teenager Sues Virginia Prosecutor Over Erect Penis Photo Demand

According to The Washington Post, a teenager who was caught up in a sexting investigation has sued a Virginia prosecutor for civil rights violations.  While the police were investigating sexting between two teenagers in 2014 they obtained a warrant to force the teenager to enable law enforcement to take photos of his genitalia. Fortunately, the public was notified of this ridiculous situation and the teenager was not required to take a photo of his erect penis for evidence.

This request created a major public uproar.  It sounded like those requesting the photos had been fans of the the 1980's movie Porky's when physical education teacher Ms. Balbricker asked the high school principal if he would sanction a penis (tallywacker) lineup of several students so she could identify which student stuck his penis through a peep hole in the girl's bathroom. Ms. Balbricker claimed that she could identify the offending student's penis because it contained a distinctive mole. In the movie, the request for the penis line up was denied. 

The detective who handled the case killed himself last year after being accused of molesting two young boys so this raises further doubts regarding the motive for photos of the teenager's erect penis.I initially wrote about the case in 2014 and stated, "My hope is that prosecutors and judges across the country realize that this is the wrong way to deal with sexting by teenagers."

The bottom line is that teenagers should be provided more education about these issues instead of outright punishment for these types of situations.

Copyright 2016 by Bradley S. Shear, Esq.  All rights reserved.

NFL Star Files Twitter Lawsuit Against ESPN

According to The New York Post, New York Giants star Jason Pierre-Paul has filed a lawsuit against ESPN and one its reporters, Adam Schefter, for Tweeting a photo of his medical records.  Last July 4th, Pierre-Paul was involved in a fireworks accident that severely damaged one of his hands and the incident created a feeding frenzy among the media to determine the extent of Pierre-Paul's injuries.  

Under the Health Insurance Portability and Accountability Act (HIPAA), the hospital and its employees owed a duty of medical privacy to Pierre-Paul.  The media is not a covered entity under HIPAA so it doesn't apply to ESPN or Schefter.  It has been reported that the hospital that treated Pierre-Paul has already settled with him most likely because it had the most to lose if the matter went to trial since it was a covered entity under HIPAA.

While HIPAA doesn't cover ESPN/Adam Schefter's actions, Pierre-Paul may have an actionable claim under Florida state law or common law. If ESPN/Adam Schefter contacted me before posting Pierre-Paul's medical records on Twitter, I would have advised against Tweeting out the photo or posting it online on another platform due to potential legal liability. While its too soon to speculate on how Florida state law or common law may affect the outcome of this case, it should make people think long and hard before they post the medical records of others online without expressed written consent.    

I have previously written about ESPN's corporate social media policy that covers its reporters here and here.  The bottom line is that professional sports teams, athletes, and those that work in the sports field need to become better educated about the legal implications of their actions whenever they utilize digital platforms. One wrong post or action/inaction that leads to a digital post may create millions of dollars in legal liability.  

Copyright 2016 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Kurt Rambis, Twitter, Sports, and Social Media Reputation

The Kurt Rambis Twitter Fail has been blown way out of proportion by the media. Coach Rambis allegedly "liked" a female masturbation photo.  Whether he intentionally "liked" it or it was "liked" by accident is up for debate.  Unfortunately, in the Digital Age any non-puritanical digital activity may become a news story for those who hold high profile positions in the world of sports, entertainment, government, politics, business, etc....

When using a digital device, it is easy to accidentally "like" a Tweet or indicate a preference for a particular post when scrolling up or down on a smart phone.  I have accidentally "liked" Tweets in the past and didn't realize it until reviewing my digital activity at a later date. It is entirely possible that Coach Rambis' Twitter account was hacked. Did the hackers also make Coach Rambis follow @GreatAssDaily?   

I have had multiple clients who have been targets of hacking and other nefarious digital attacks. If Mr. Rambis' account was hacked as the Knicks claim he/the team should file a complaint with the proper state and/or federal authorities. 

Whomever is advising the Knicks and Coach Rambis regarding this matter failed miserably. There are significant legal, business, and personal and corporate reputation issues involved. The bottom line is that many PR firms and social media consultants don't understand how intertwined these issues have become in the Digital Age and it shows when an incident like this occurs.

Copyright 2016 by The Law Office of Bradley S. Shear, LLC All rights reserved.

Social Media Scam Entangles Miami Heat Star

Athletes and other high profile individuals are constant targets of scams offline and on social media.  Earlier this year, Manti Te'o, then a student-athlete with Notre Dame was the target of an elaborate catfishing scheme that almost destroyed his NFL career before he was even drafted.  Manti Te'o is not alone in being targeted by con artists who utilize electronic communications.  The Miami Heat's Chris Andersen was also recently entangled in a digital scheme that almost destroyed his NBA career and personal life.  

These incidents are the tip of the iceberg.  I have counseled multiple high profile individuals who have been the target of these scams.  Fortunately for most of my clients, they usually contact me before these issues become public knowledge.  When I provide services to professional athletes, professional sports teams, college athletic departments, Fortune 500 executives, and other high profile clients, I discuss these type of issues and the importance of limiting one's digital footprint.  Unless one is able to authenticate the person with whom they are texting with and/or sending emails/social media messages with I do not recommend communicating with them.

The bottom line is that some people are putting their guard because a growing number of self-styled social media consultants are advocating that high profile individuals should focus on increasing one's social media usage to build one's personal brand and/or their school and/or corporate brand.  My philosophy is different.  It is about protecting the individual, school, corporation, etc... first.  Brand building is a long process that takes years of hard work and a handful of Tweets or Facebook posts won't do it despite what some self-styled social media consultants advocate.  

Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved. 

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?

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.

ESPN's Social Media Policy May Assist Its Competitors

ESPN has been at the cutting edge of sports coverage since its launch on September 7, 1979. Its slogan is "The Worldwide Leader in Sports". As a longtime ESPN customer, I have always been interested in the wide variety of programming that ESPN has to offer. From its news to its original series to its game telecasts, ESPN does an excellent job of covering the world of sports.

ESPN first created a Social Media Policy for its employees in August 2009. The network's initial policy was heavily criticized and within hours of it becoming public ESPN publicly explained the policy. Within the last couple of days, ESPN has has updated its Social Media Policy or as it is officially called, its "Social Networking For Talent and Reporters" Policy.

The new policy's first two guidelines make sense: "Think before you [sic] tweet" and "Think before you retweet". However, the third guideline, "Do not break news on Twitter", demonstrates an utter lack of understanding of the Social Media Age. In addition, this guideline does not make sense because it further states, "In most cases, you [sic] tweet will also appear on ESPN.com". Since ESPN Talent and/or Reporters' Twitter feeds will be on ESPN.com it makes no sense to tell them they can't break news on their Twitter feeds. I understand the desire to drive as much traffic as possible onto ESPN or ESPN.com to keep the Nielsen Ratings or Alexa.com figures as high as possible which may increase advertising dollars. However, this policy will only harm its ability to compete in the fast changing digital landscape.

During the last several years, many major news stories have been reported first on Twitter. Some of these stories include: the 2008 Mumbai terrorist attacks, the 2009 Hudson River plane crash, and the death of Osama Bin Laden. During the NFL lockout earlier this year, sports reporters regularly posted breaking news updates on Twitter and then followed them up by more in depth articles at a later time.

Therefore, unless ESPN eliminates its "Do not break news on Twitter" guideline, ESPN's reporters will risk other news outlets breaking news before ESPN has the ability to do so. The leaders of ESPN may want to rethink their new policy because as it stands it only hurts its ability to compete in the Social Media Age.

To learn how your organization may create a Social Media Policy that does not harm your brand or bottom line you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Social Media, Sports Media, NCAA Compliance, and Student-Athletes

When posting content on the Internet/Social Media it is imperative to be very careful what you say and how you say it. Everyone is capable of a slip of the tongue once in awhile. However, when comments are put online they become permanent. After one has been notified of an Internet/Social Media slip of the tongue he/she may want to quickly apologize and/or correct the record because in the Social Media Age you must realize that everything you put online has the ability to go viral and cause damage to your reputation very quickly.

On August 24, 2011, I read a Foxsports.com article by Jennifer Floyd Engel, entitled, "If the NCAA won't police self, NFL should". The article discussed Terrelle Pryor's five game suspension that was handed down by NFL Commissioner Roger Goodell for what appears to be Pryor's behavior while a student-athlete at Ohio State. The NFL's disciplinary system is covered by its collective bargaining agreement and Goodell has wide latitude in punishing NFL players for their conduct on and off the field.

Ms. Engel brings up some interesting points regarding whether the NFL should discipline NCAA student-athletes for transgressions that occurred before they join the NFL. The NCAA has a problem on its hands regarding enforcement of its rules and regulations and Goodell's suspension of Pryor with what may be the blessing of the NFLPA could deter student-athletes from allegedly violating NCAA rules in the future. The recent problems at the University of Miami, the University of North Carolina, the University of Southern California, and Ohio State demonstrate that something needs to be done to deter NCAA violations.

However, Ms. Engel states, "Roger [NFL Commissioner] sent a clear message that the NFL will no longer be a safe harbor for college football terrorists"and "[w]hile the little terrorists (or those so accused by a very-little, admitted money terrorist, Shapiro) all have cushy landing spots — at Texas Tech and Missouri and the NFL..."

Calling student-athletes terrorists who may have violated NCAA rules demonstrates ignorance. Those who Ms. Engel refers to may be NCAA rule violators, rule breakers, or *$&#(@!%, but they are not terrorists. Ms. Engel has every right to refer to student-athletes who may violate NCAA rules and create very difficult situations for the schools, their fellow students, alumni, coaches, etc... as terrorists if she chooses to do so. I notified Ms. Engel that her online comments were inappropriate and her response appears to demonstrate ignorance of the situation. Ms. Engel should really think about the definition of a terrorist before calling some-student athletes terrorists and then defending her position.

Every time a student-athlete or professional athlete posts something online that may be deemed inappropriate members of the media attack them for their online behavior. Should the media call out Ms. Engel in the same manner that it castigates student-athletes and professional athletes when they make what some may deem inappropriate online comments?

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.