The law tends to be a step or two behind the technology. My sense is there isn't a lot of case law now about Twitter feeds but there certainly will be.
I think the issue is ownership of the Twitter feed, and it's not a simple one. If I open a Twitter feed for my employers, as part of my job, is it mine or theirs?
Paul, you are absolutely correct in that the lines have blurred. They only exist in a legal jurisdiction about where an employer has authority. But when it comes down to the authority over political speech, this may become a dividing line?
Interesting distinction between public and private time. Do such lines still exist? My sense is they have bluured beyond recognition. What do others think?
Paul - If I worked for someone whom I did not like, I don't think I would express those views in a public forum. The potential downsides would seem to far outweigh any possible benefit.
It's politics. Help the new guy get into office and you can hope to be in a favored position.
Interesting scenario, Paul, and I fully agree with your points that we really haven't figured out how to establish laws that meet the new challenges with technology.
If the placement on Facebook was on private time from private computers would be different than if it was posted during company time from company-supplied computers or smartphones.
I fully support your last premise though, there certainly is a lack of gray matter in choosing to publicly critize one's boss.
I thought a court had recently upheld "liking" as protected under the First Amendment. As I've mentioned before, it certainly should be, as it's well established that flippin' the bird is (true).
I can't imagine the basis for this ruling, but I agree it seems unlikely to survive review.
One challenge is the law often does not keep pace with technology. In many instances, new technology emerges and because it does not fit under existing guidelines, the courts do not know how to deal with it. The definition and distribution of child pornography is one area where the courts have struggled to determine what it is and what consuming it means.
On a different note, I am not sure what these employees were thinking. If I worked for someone whom I did not like, I don't think I would express those views in a public forum. The potential downsides would seem to far outweigh any possible benefit.
I haven't read the decision, but on the face of it (so to speak) it looks ridiculous. Surely clicking "Like" is expressing an opinion, same as publishing a pamphlet or a video. If those are protected speech, why shouldn't a Facebook like also be protected?
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