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Social Media Policy Checklist
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Checklist #1: Policy Structure
Position social media policy as a broadcasting and publishing document.
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Shift the drafting focus of your policy from employment law to media law.
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Properly apply the Supreme Court balancing tests to First Amendment issues
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Prioritize social media legal issues to create a tightly structured policy.
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Use specialized policy language that reflects current state/federal speech laws.
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Codify each paragraph with proper legal citation and references.
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Make sure you have a separate smartphone and social media marketing policy.
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Have an experienced media lawyer train employees to enforce the policy.
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Checklist #2: Policy Content
Redesign the Policy Purpose section to reflect new First Amendment rulings.
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Expand the Applicability Section to properly cover all employees, third parties.
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Include the 22 most important social media policy definitions.
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In the General Section properly detail SCOTUS "operational realities" rule
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Insert critical 3 part SCOTUS speech test in the first paragraph.
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Identify the 2 most important privacy issues in paragraphs 2 thru 6.
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Draft precise policy language on public record requests from personal devices.
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Use recent federal rulings to draft policies on data safety and ownership.
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Cite the 18 core areas that specifically define the scope of prohibited speech.
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Design policy language clarifying the new standard of care on personal blogs.
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Avoid 7 worst words that expose your policy to vagueness or overbreath claims.
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Make sure you include the new rulings on social media copyright infringement.
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Use very precise language on your Policy Affirmation Section.
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Social Media Attorney Mark Fiedelholtz
www.socialmediapolicy.info
954-748-7698 |
mark@newsoicalmedialaw.com
