...unprofessional” comments concerning the defendant. (Michael A. Smyth v. The Pillsbury Company, 1996). The courts found that the termination was not violating any privacy laws. The courts applied the case of Borse v. Piece Goods Shop, Inc. 1992 to the Smyth case. In the Borse case, the courts found that someone who intentionally intrudes on another either physically or by some other manner, which concerns their private affairs, to be held liable if this intrusion is considered highly offensive to any reasonable person. (Sarah Borse vs. Piece Goods Shop, Inc., 1992). The email communication between Smyth and his supervisor was done voluntarily by Smyth, he had done so on his own free will. The second assumption by the courts is that there is no assurance that emails sent over the company system would not be interrupted by others. The third notion is the email system is used companywide so the expectation of these staying private is lost. (Samson, 2013). The courts stated that the interested of the company preventing illegal activity, inappropriate and unprofessional comments over the email system outweighs the privacy interest of any employee. (Michael A. Smyth v. The Pillsbury Company, 1996). Bibliography Sarah Borse v. Piece Goods Shop, Inc., 91-1197 (United States Court of Appeals, Third Circuit May 29, 1992). Michael A. Smyth v. The Pillsbury Company, 95-5712 (United States Court for the Eastern District of Pennsylvania January 23, 1996). Samson, M. (2013). Michael A. Smyth v...
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...Accessing Social Media in an Investigation With so much information being exchanged and shared online, it makes sense to see social media as a rich source of material for both plaintiffs and defendants to use in investigations, but getting access to the relevant data isn’t always a simple matter of clicking on a page. Many users of social media have privacy settings that restrict access to the information they post. In certain cases, the court has ordered that passwords be disclosed, but this is extreme. The decision to order the exchange of log-in information has been based on evidence showing that something relevant to the investigation is probably in the private or non-public part of a social media page. A judge might request a user to provide the evidence from his or her own social media pages to lawyers for the other side. But without a formal request for disclosure, investigators and attorneys may be left with some difficult dilemmas. Recent cases in which parties in a dispute have ‘friended’ someone to gain access to their social media posts have shed light on what the courts consider to be acceptable. Evidence gained by this kind of deception has not held up so far. It also violates the terms of service set out by some social media platforms and has prompted some states to address the practice in writing. The California Penal Code 528.5 says: “Any person who knowingly and without consent credibly impersonates another actual person through or...
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...The U.S. Supreme Court examines the balancing act of a public employer with its employees First Amendment Rights. A high school teacher wrote a letter to local town newspaper criticizing the board of education management of funds between athletics and academics. The teacher was terminated and sued claiming his First Amendment rights were violated by the board. The Court found that public employees, such as teachers or firefighters are entitled to some First Amendment protections (In Pickering v. Board of Education (1968)). The challenge is to discover the balance between the interests of the public employee, as a citizen, when commenting about issue that concern the public, as an employer, in promoting the manner in which service is provided to the customer. The teacher’s letter did not involve any personal attacks on supervisors or coworkers and was sent to the editor of the newspaper. The court determined that the board sole interest was to limit the comments made by the teacher which is why he was terminated. This case gave rise to several other cases which created a time period of...
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...Media. News and social media has shown police officials using excessive force. This kind of media is nothing new to the public. The media is everywhere and never gives the full story. The media displays exciting titles to grab people’s attention and posts to social media articles to get people talking. How much of the media is actually true? Why do we hear so many negative events but when something positive happens the media is nowhere to be found? The news sources have given law enforcement a bad name. “Now is the time that not many people want to be police officers because of media” (Scott Jackson, personal interview, May 9, 2016). There are so many examples of how the media have made a bad situation even worse. Smith (2016) describes one example that occurred on August 9, 2014, when Michael...
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...Social Media and Law Enforcement Christian Perez After the Boston marathon bombings, social media played a major role on the incident providing true facts and other times not so true. Media is a means of communication with the intent to influence a wide audience (Stuart, 2013). Social networking, which allows multiple people to share information with one another and it provides the public with reporting power of major or everyday incidents with the push of a button. Law enforcement agencies are well aware of this and have stepped up their efforts of using this means of communications as a crime fighting tool. Social media can be used for public relations, crime prevention, and criminal investigation. Departments that create a presence on social media sites open a new door of communication with the general public. By doing so citizens can receive real-time information, as well as an electronic method of asking questions, making suggestions, and providing tips that help solve crimes (Stuart, 2013). However, there has to be some kind of controls established to manage the information in a way that does not create misinformation and technicalities. Community Policing In the first 48 hours of the Boston marathon bombings, law enforcement officials released to the public information on the suspects and asked the people to share with them any information they had in reference to the incident and social media played a great role. A picture clearly shows one of the eventual suspects...
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...Social Media Legal 100 November 30, 2013 Social Media If you were to ask this simple question “What does social media mean?” The reply will vary according to the social status of each individual. Some people have become so dependent on the social media of their choice, to the extreme that it has become addictive, while others may see that social media in today’s society is destroying our ability to communicate “the old fashion way” face to face. On the other hand, many businesses are finding that social media is an integral part of their operations in order to effectively reach consumers, launch new products, and generate large customer bases. It’s become a very sufficient, dependable, and effective way for them to reach their goals by utilizing it as a marketing tool. There are many social media outlets to talk about; I have chosen “YouTube” because of its ability for creativity that I feel is necessary when marketing your business. YouTube’s vision is, “A Daily Destination for Creativity, Learning and Free Expression” (YouTube, 2013). Anytime there is a use of social media when it relates to your business; there definitely must be management in place that can approve and monitor every legal aspect of the process with the ability to communicate with knowledge that will protect the company, and also provide solutions to any legal problems that may occur as result of the merge. According to Bagley (2013), “The Legally Astute Manager”, “At its core, legal astuteness...
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...Assignment 1: Social Media Jamila Lashley Professor: Augustine Weekley, JD Business Law I- LEG100 February 2,2013 Legal astuteness is the ability of a manager to communicate effectively with counsel and to work together to solve complex problems is a valuable managerial capability that may provide a competitive advantage under the resource-based view of the firm. There are four components to legal astuteness: (1) a set of value-laden attitudes, (2) a proactive approach, (3) the ability to exercise informed judgment, and (4) context-specific knowledge of the law and the proper application of legal tools. It posits that law and the tools it offers are an enabling force legally astute management teams can use to manage the firm more effectively. In particular, it proposes that legally astute management teams can, inter alia, use formal contracts as complements to relational governance to define and strengthen relationships and reduce transaction costs; protect and enhance the realizable value of resources; use legal tools to create options; and convert regulatory constraints into opportunities. Alternative Dispute Resolution refers to several different methods of resolving business-related disputes outside traditional legal and administrative forums.The goal of Alternative dispute resolution is to implement items that will take some of the burden off the court system. According to the Commercial Division of the Supreme Court, New York County, the principal forms...
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...Bungling Through the Social Media Jungle: Part 1 Poor judgment, social media, and pro football intersect yet again. I’ve written some earlier posts regarding the Deflategate scandal, which made it clear that text messaging provides an easy way for pretty much everyone, including the NFL, to embarrass themselves. Social media is of the same ilk in its spontaneity, embarrassment factor, and burgeoning importance in discovery. Jessica McCloughan, the wife of Redskins General Manager Scot McCloughan, posted some vulgar tweets regarding an ESPN reporter that might make you blush. I won’t repeat the tweets here, but feel free to read them yourself. The Redskins initially denied that Jessica had written the tweets and claimed that the tweets originated from a fake account which they had asked NFL security to shut down....
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...Assignment 1: Social Media Shannon Pindle Date: August 12, 2014 Class Name: Leg 100- Business Law Professor Latarsha Jones A legally astute manager recognizes and shows an appreciation for the law and identifies and makes legal considerations at each level of development and implementation. Respect for the law serves as the building blocks in the development of a management team. Following appropriate behaviors and adhering to the guidelines in the law represents the importance of meeting societal expectations and norms (Bagley, 2013 page 15). This set of attitudes that is value laden can mitigate the risk involved in doing business in Facebook. Violence and suffering is often continuous in a media culture. This can sometimes cause an indifference to the vision of human suffering (Chacksfield, 2009). A legally astute marketing manager can acquire the data, consumer feedback and reactions which represents moral concerns. Collaborative efforts of the marketing manager can be made to create sites that represents standards of how society’s behavior should be and drive all aspects of a management teams. The legally astute marking manager seeks legal counsel, advice, and guidance and is proactive in addressing the legal dimensions of business. All concerns should be addressed in ways that are effective, efficient, and legally permissible (Bagley, 2009, page 13). Legal advice in all aspects of the business allows a legally astute manager to be proactive as opposed to being...
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...“We are in the midst of a communications revolution. The use of social media for communication purposes continues to increase, while "old school" messaging media like email is on the decline. Facebook is reportedly valued at 50 billion dollars. It has the potential to reach 700 million users worldwide. The advertising revenue associated with Facebook and other Social media is expected to generate approximately $8.3 billion dollars annually by 2015. Significantly, according to one survey, 81% of companies have implemented (or plan to implement) social networking in order to enhance their exposure. Seventy-three percent of small and medium businesses reportedly employ social media for marketing purposes.” (The Legal Implications of Social Networking: The Basics (Part One) By David Navetta on June 11, 2011Posted in ECPA, Social Networking) Facebook is one of the leading social media applications available on the web. It attracts all types of people from different ages and nationalities due to the growth of its reputation and amount of members. It appeals to individual who seek to locate family and friends. It allows its users to have daily contact with people that they do not live close to and whom they would not be able to keep in contact with otherwise. For example, a grandmother who has not seen her grandchild is now be able to see them on Facebook. She can chart their daily growth and activities through pictures, posts, and videos submitted by their parents. Adults...
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...There are several factors that can influence justice in America. I find that you can read and work up information all day on justice in America as far back as history goes. The constitution of the United States Supreme Court helps set careers and regulations of factors that do influence America. Some of them can vary in topics from your race, crime, prisons, policing, and courts. Organized crime may be defined as systematically unlawful activity for profit on city guide interstate and even international scale. Crime organized keeps their illegal operations percent and members confer by word of mouth. Gangs sometimes become sufficiently symptomatic to the call organized. The act of engaging in criminal activity as a structural group in referred in the United States as racketeering. The criminal organization depends on the part of support from the society in which it extends. It is frequently expedient for it to compromise some of society’s upright memories, especially people in the judiciary, police forces, legislature, and cultivation of mutually dependent relationships with legitimate business. The five factors that influence a justice decision are Constitution, Precedent, Judicial Philosophy, Intent, and Public Opinion. According to an article I read in a book from David O. Carpenter the Constitution states, “We, the people of the United States in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote...
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...Shomma G. Tolbert Business Law I- LEG 100 Professor Chester Galloway August 11th 2014 Social media and marketing is a semi new joined force, which has social networks, blogs and forums buzzing with advertisements’ of new products and ideas. Starting with marketing managers who may utilize social media outlets to reach their consumers must consider a few major details before they can start the social media process; Intent of the product is the main is the first component (Bagley 7th edition 2013), what are you selling and what is the purpose of that particular unit. Place and or location is also very important when dealing with social media, where you place you add and how you access it means a lot to you and the consumer, you don’t want to violate any privacy or put your consumer at risk for any hackers. Price, if your product comes with a price you would want to be sure to advertise as truthfully as possible on the price of your product, fraudulent misrepresentation could lead to legal conflicts in the future. Last but not least would be the Promotion of your product, you want to be sure that you are able to connect to your audience of choice and that you can pull them in with relevant details. Social networking helps you to build your foundations in your business; many companies start off as online companies before they become actual storefronts. There are many methods of alternative dispute resolution; this merely...
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...Running head: SOCIAL MEDIA Social Media: Managing it from a Legal Perspective Angela Leon Professor Daniel Smith LEG100-Business Law I February 2, 2013 Social Media: Managing it from a Legal Perspective Discuss the four (4) components of a legally astute social media marketing manager who utilizes social media outlets for consumer transactions and how each component can mitigate the risk involved in doing business in cyberspace. The four characteristics of a legally astute manager, include an acceptance of how important the law is to the success of the organization, a proactive attitude toward legal issues and regulations the ability to use informed judgment when faced with decisions involving legal implications, and having the knowledge of specific laws, regulations, tools and resources. A social media marketing manager must be specific in these qualifications due to the fairly new concept of social media when comparing it to other avenues of marketing like television, print and radio. It is important for a social media marketing manager to understand the current laws that affect his company in regards to customer privacy, data mining, taxation and interstate commerce. This manager must take responsibility in understanding and following the various regulations involving his specific industry. This responsibility will be characterized by taking a proactive approach in conducting researching, working with the business's legal department...
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...Court Issues Analysis CJA/394 The United States has two distinct courts; state and federal. Federal crimes are heard in the federal court and state crimes are heard in the state courts, and if crimes are both state and federal violations the case is often heard in both courts. Many issues are dealt with by the courts and the courts administrators. Current and future issues that courts and courts administrators face are; budget cuts, new technology, privacy issues and lack of training. Of course there are other issues faced on a daily basis, these are a few that have a long term affect on the criminal justice system. The criminal justice system is very important to continue to keep society safe and orderly, without it there would more than likely be a lot of chaos and disorganization. Citizens of society look to the criminal justice system to keep them safe, and the courts are depended upon to ensure that constitutional rights are not abused and to carry mandates of the state and the United States constitution. The largest issue that the courts and courts administrators face currently is budget cuts, and this issue will affect the future as well. In 2011 the House of Representatives approved a budget that reduced funding by eight percent with a previous budget cut of thirteen percent in 2009 (Cavan, 2010). A reduction in funding has an impact on employees, administrative duties and cases. Employees of the court system are affected the most by budget cuts, with...
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...Running Header: SOCIAL MEDIA AND BUSINESS 1 Running Header: SOCIAL MEDIA AND BUSINESS 2 The internet era has brought with it numerous pros in all walks of life be it academic, business, or social. The internet has taken business to an all new level. This includes online shopping, online banking, and online flight booking just to mention a few. Each and every business needs an online presence in order to have an edge over its competitors. The onset of internet improved business a lot, but what has really revolutionized the internet business is the social media. The social media sites form hubs for online interactions of people from all walks of life and of all ages. People meet and build relationships via social media. Social media forms a powerful tool for marketing a business and help it achieve its own goals. The most powerful of all is the word of mouth from friends in the social media or recommendations and /or like. There are numerous social media sites nowadays including twitter, facebook, Google plus and LinkedIn. This essay will focus on facebook as a tool for marketing a business. Just like any other form of business strategy, use of social media has its own share of legal matters that need to be managed appropriately for the success of a business. Marketing managers of business using the social platform should have a good knowledge base and be able to wisely employ the legal tools in their marketing...
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