Archive for the 'Invasion of Privacy' Category

Facebook sends a Minneapolis reminder that it’s not a forum for free speech

June 16, 2013

The Associated Press’ recent story that a former Nazi commander has been living in Northeast Minneapolis has had a surprising and perhaps ironic consequence:  a reminder that Facebook is not a forum for free speech.

The Facebook page in question is Old Minneapolis, which features photographs of, well, old Minneapolis.  Its operator, Jesse Jamison, reports Facebook shut him down for 12 hours this weekend after he reposted information including a photograph from WCCO-TV identifying the location of the alleged Nazi commander’s Northeast Minneapolis home.

In Jamison’s words, complaints to Facebook were “flooding in,” and Facebook responded by banning the page for a half-day and sending this message referring him to Facebook’s “Community Standards”:

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Here are the Community Standards.  It’s unclear which could have been violated. Was the reposting from mainstream media somehow a “threat” as defined by Facebook, or maybe a publication of “personal information of others without their consent”?  Could Facebook really characterize publication of information regarding an alleged Nazi’s home as “hate speech”?

The incident is a graphic reminder that while Facebook comes free of charge, it is not a public forum for freedom-of-speech purposes.  Because Facebook is privately owned, it is not a “state actor” for First Amendment purposes and the operators can ban whomever they want for whatever reason they want.

 

Indeed, Jamison also writes a Facebook user “was also blocked just for defending the page, and he didn’t use strong or threatening language.  The person that reported him has been banned permanently, and so have a few others that were using threatening language.”

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10 steps bloggers should take to avoid getting sued

September 21, 2012

Being sued over blog posts is bad, and being threatened with legal action can be just as bad.  Saturday morning, at the 2012 Minnesota Blogger Conference, I am presenting on …

10 steps bloggers should take to avoid getting sued

1. Tell the truth

Libel is a claim that a communicator has harmed someone’s reputation by publishing something false.  So truth is the ultimate defense to a libel suit.   A blog post that says horrible things about someone is not libelous if it is true.

2.  Report for jury duty

Sometimes even false posts are legally protected.  That’s because a jury ultimately decides whether the blogger did “what a reasonable blogger would do” under the circumstances.

3.  Focus on the famous

Politicians, celebrities, and other public figures must prove “actual malice” to win a libel suit.  So if you stick to writing about famous people, the risk of legal liability decreases.

4.  Act like the AARP era

Most of a blogger’s legal defenses were enacted with the Mainstream Media in mind.  So emulate the “AARP” generation by Avoiding Anonymous Sources, Attributing Information, Retracting When Necessary, and Publishing Regularly.

5.  Know when truth doesn’t matter

Bloggers do risk liability for publishing true information if doing so is an invasion of privacy.  So don’t publish Social Security numbers or bank-account information, and tread carefully with racy pictures.

6.  Stay local

Most laws governing bloggers are state laws, enforced separately and differently in each state.  So posting about people outside Minnesota increases the chance, complexity, and cost of litigation.

7.  Keep SLAPP in the face

Minnesota is among states with laws that protect against “SLAPP” lawsuits, which are Strategic Lawsuits filed to prevent Public Participation.  The SLAPP laws provide extra protection to bloggers who write about public issues

8.  Picture a troll

“Copyright trolls” patrol the internet, looking for material used without the owner’s permission.  Bloggers are easy prey.   Know where your pictures come from, and get permission to publish if necessary.

9.  Act in moderation

Some believe that bloggers can avoid legal liability by not moderating comments.  I disagree.  Moderate your comments and remove the dicey ones.

10.  Blog as a matter of policy

Read your business and homeowners’ insurance policies for whether you’re covered if you’re sued.  Consider purchasing a separate policy for bloggers.

Be Patient and Read the Fine Print

August 23, 2008

Invasion of privacy cases rarely succeed in Minnesota.  A decision from the state Court of Appeals this week underscored that fact.

The case, Anderson v. Mayo Clinic, involved a patient who sued Minnesota’s most-famous medical facility as well as a television station owned by Fargo-based Forum Communications.  Apparently, Mayo videotaped the patient’s surgical procedure and the videotape aired on the news.  Perhaps understandably, Ms. Anderson sued for invasion of privacy.  Problem was, she had signed a one-page form giving the clinic permission to release “photographs, audiotapes, and/or films” of her procedure to any news outlet so Mayo could “disseminate health information to the general public.”

A trial court in Moorhead let the case go forward, but on Tuesday the Court of Appeals ordered its dismissal and rejected the idea that Mayo acted with any fraud.  Wrote the court:  “Consent is an absolute defense to an invasion-of-privacy claim.”

Invasion of privacy is something easy to feel but nearly impossible to sue over.  This is particularly true in Minnesota, where for decades the Supreme Court refused to even recognize invasion of privacy as a cause of action.  Eventually, in 1998, after photos of two young women showering together during their Mexico vacation somehow made their way from a Wal-Mart photo lab into the northwestern Minnesota populace, the Minnesota Supreme Court made Minnesota the 48th state to recognize the cause of action.  (Case here.)

So read the fine print.  And get a digital camera.