The Power of a Tweet

Though excellent tools for expression and brand marketing; a tweet can be a powerful
method of expression. As the use of sites like Twitter and Facebook increase; it appears legal
issues regarding what one posts are also on the rise. Laws and regulations about social
networking are beginning to emerge as the legal system continues to see more cases involving
defamation, fraud, and cyberbullying.
At a young age, many of us are often taught if you cant say anything nice, dont say
anything at all. This simple life lesson is often disregarded in the digital age and the results of a
post could prompt one to seek legal advice. !ased on your post, you might find yourself in front
of a "udge# $ven if you delete the tweet, it is most likely someone has retweeted or shared it.
%rior to making a post, consider if it may be defamatory to a third party. Also, the terms of us for
the site because the information you disclose might not belong to you.
There have been several cases in the media about online defamation. &ne of the most
sensational involved 'ourtney Love (Gordon & Holmes v. Love, )o. !'*+,*-./, who tweeted
an alleged defaming statement about one of her attorneys. The attorney responded with a lawsuit
against Love. At trial, Love stated she intended to send a private direct message; but
inadvertently tweeted the information. The "ury ultimately found in favor of Love.
Fraudulent Twitter (and Facebook/ account cases are becoming more prevalent as well.
'elebrities, businesses, and even the average person can be the victims of a fake Twitter account.
These accounts can create problems if the anonymous owner posts information that can be
interpreted as misleading, controversial or libelous. Twitter currently is in the spotlight for
trademark infringement because the $state of 0ames 1ean wants ownership of the Twitter
account 20ames1ean. James Dean, Inc., et al v. Twitter, Inc., et al, )o. 343*5cv5663.-, notice of
removal (7.1. 8nd., Feb. 9, ,63*/.
'yberbullying has become a hot topic with Twitter and other social networking sites.
The sites are used in an intrusive manner to expose private information or even fraudulent
information about a person in an effort to cause humiliation or mental harm. :egan :eier and
;yan <alligan are perhaps the most famous cases of cyberbullying because each ended in
tragedy. As recently as 0anuary ,63*, cyberbullying via social media had been implicated in the
attempted suicide of a rape victim in :aryville, :issouri. 8n State v. Bishop, a )orth 'arolina
teen became the first person in Alamance 'ounty to be convicted under the new state
cyberbullying laws. The case is currently under appeal.
)ot all situations with tweets involve defamation, fraud or cyberbullying. Tweets are
now being used as tools for employers to screen potential employees or make personal changes.
$arlier this year, a young advertising executive lost her "ob because of an inadvertent tweet she
posted as a "oke prior to boarding a flight to Africa. =nfortunately her employer did not find it
funny and she lost her "ob before her flight even landed.
The power of the pen is not a new concept to society; yet we should exercise more
caution with online posts because the ramifications might be more than you expected.
8f you need additional information about the impact of social networking communication,
please contact Attorney :ark 8shman at the 8shman Law Firm at (>3>/ *+.5-,++ or mishman 2
ishmanlaw.com.