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.

Missouri Law Bans Social Media Contact Between Teachers and Students

Missouri's new social media law was created to protect students from sexual misconduct by teachers. The law bans direct contact between educators and students on social media and is also known as the "Amy Hestir Student Protection Act".

Section 160.069 of the new law prohibits teachers in elementary, middle or high schools from establishing, maintaining or using a work-related website unless it is available to school administrators and a child's legal guardian. At first glance the bill sounds like a good idea. Unfortunately, upon further review it will create many unanticipated problems. It is reminiscent of Cleveland's recent effort to ban Flash Mobs and/or Tweet Ups. Great intentions but bad law.

There is a tremendous lack of understanding regarding social media by elected officials across the country. Does Missouri have a law that bans teachers and students from being able to join the same Churches, Mosques, and Synagogues? Does Missouri have a law that bans teachers from interacting with students in activities outside of the school environment?

If a teacher is not able to interact with a student privately online why should a teacher be able to interact with a student privately in the real world? This new law is an over-reaction and will most likely soon be challenged and eventually overturned.

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.