EdLawConnect Blog

With an estimated 3.96 billion social media users worldwide, it is no surprise to learn that most students have at least one social media account.  Whether it is Facebook, Snapchat, Instagram, or TikTok, people of all ages, from your 85 year-old grandmother to your 7 year-old nephew, can be found sharing their life somewhere on a social media platform (and possibly, your life too!).  In 2021, it appears acceptable to share all types of information, from the tiniest of details, such as what you ate for lunch or your newest dance moves, to more controversial items, such as political and religious beliefs.  People share the details of their everyday lives with friends, family, and strangers.  For many social media users, their first inclination is to “post” about any experience they have just encountered - the good, the bad, and the ugly, with their closest “friends.”  In a world where posting or snapping about any thought instantaneously occurs, when is sharing an opinion or criticism too much, and who decides when enough is enough?  This is the question the U.S. Supreme Court recently reviewed in Mahanoy Area School District v. B.L. By and Through Levy (2021) _ _ _ U.S. _ _ _ 2021 WL 2557069, when the Court reviewed whether school officials had the right to regulate or punish a student for her off-campus, social media speech.

For many people, social media platforms such as Facebook, Twitter, Instagram, Snapchat, and LinkedIn are essential for communicating in their daily lives.  Social media plays an integral role in the transmission of news, ideas, opinions, and personal expression.

California’s SLAPP (strategic lawsuit against public participation) laws are intended to prevent litigation filed for the improper purpose of censoring, intimidating, or silencing critics. (Code of Civil Procedure § 425.16.)  A defendant in a lawsuit that may improperly silence his speech may file an “anti-SLAPP” motion in the case, designed to be an efficient and cost-effective defense against ...

The use of social media by teachers and other school employees can have positive effects on the educational environment.  For example, social media can promote collaboration among teachers, and can provide an effective means of communication between teachers and parents.  However, educational employers have also found that access to social media during the workday can lead to decreased employee ...

On September 27, 2012, Assembly Bill 1844 was signed into law. The bill—now codified in Labor Code section 980—prohibits employers from requiring or requesting an employee or applicant to disclose a personal social media page. The statute defines “social media” as “an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video ...