Definition: In the context of social media, courts find an attitude to be negligent when it's based on three main elements:1) an unreasonable thought process; 2) a lack of foresight; and 3) deliberate indifference to the permanent reputational harm that can occur from one viral post or tweet.
5 Social Media Negligent Attitudes To Avoid
  • Although our in-house attorney isn't a specialist in social media law, he or she has the same skill set to write a social media policy and train employees as a 30 year expert in electronic media law.

  • Although our in-house PIOs and public relations staff are nonlawyers, they attend various conferences and know as much as an attorney with 30 years experience specializing in electronic media law.

  • We are fully covered in court because our social media policy language is copied from a reputable organization and policy service we pay for.

  • We are a small organization and don't use social media that much.

  • Our organization has never been hit with a lawsuit and we have warned our employees to "be careful" and "use common sense".
8 Common Social Media Lawsuits
Federal Laws
State Laws
42 U.S.C. § 1983 –1st Amendment Free Speech/Political Expression

42 U.S.C. § 1983 –1st Amendment Retaliation

42 U.S.C. § 1983 –1st Amendment Viewpoint Discrimination

42 U.S.C. § 1983 – 1st Amendment Municipal Liability
Pendent State Claim – Right to Free Speech/Political Expression

Pendent State Claim – Free Speech Retaliation

Pendent State Claim – Civil Rights Violation

Pendent State Claims – Libel and Slander