Bad judgment goes viral
Watch what you say online.
When bad judgment goes viral, watch out. Social media has changed our lives. Some of the changes are good. Some of the changes are bad. Social media brings people together and facilitates familial, social, and business relationships. As with all technology, common sense and good judgment are essential. Without common sense and good judgment, social media can be harmful. Mistakes made on social media can have dire social, financial, and legal consequences.
In my practice I have seen or heard about many instances where people have used poor judgment.
The following is a list of things you should consider before you post a comment, tweet, or upload a video.
Your activity on social media can get you fired. This sounds obvious. But it isn’t to some. For example, don’t trash a bank if you work for a bank. I don’t work for a bank. And I trash them all the time. But I wouldn’t if I worked for one. I’d just do it privately then and make sure no one was recording me. People do get fired for stupid reasons, which are not limited to social media. And people get fired for being jerks. Or because other people are jerks. Never underestimate how petty people can be. Just don’t give the jerks the ammunition.
The things you say may have legal consequences: Be careful what you say about people on Facebook, Twitter, TikTok or other forms of social media. The 1st Amendment gives us freedom of speech, but this is not an unfettered right. And the 1st Amendment deals with an individual’s right of free speech and how that right to free speech shall not be infringed by the government.
That right is NOT absolute. If you utter damaging untruths about a person, you may be liable for defamation. Slander is spoken defamation. Libel is written defamation. So-called social-media-influencers are often sued for defamatory statements made online. These cases go on and on. I just finished defending a libel (written defamation) case that went on forever. No one won the case. I just got it dismissed, which is technically a victory. But the defendant suffered quite a bit. And she paid me a bunch.
We all followed the E. Jean Carroll lawsuit where former President Donald J. Trump got nailed for $83.3 million in January of 2024. If former presidents are found liable for defamation, you can be, too. And this wasn’t the first time Carroll recovered from Trump for libel.
Get permission before using pictures, articles, videos, or content written by someone else: Using a person’s or corporation’s pictures, articles, or other intellectual property without permission may be copyright infringement. To illustrate, someone came to me with a letter from the copyright holder of an online image. The letter demanded hundreds of dollars for using an image from the internet without permission. This person is liable for copyright infringement. Even if she is not, it will cost her money to hire a lawyer.
Don’t say or write anything on a social media site you don’t want repeated: Be careful about what you say and when you say it. There are numerous examples of employers seeing Facebook posts where people have said they never “work” at their job. Afterwards, the employer fires the employee. Employers do social media searches on you before hiring you.
Be careful about the pictures you post: Smart phones make people do dumb things. We’ve all seen those photos.
Don’t use trademarks or copyrighted material without permission: It is against the law to use a trademark without permission. Examples of trademarks include McDonald’s golden arches and Allstate’s good hands. Businesses have spent millions of dollars to develop trademarks, and they fiercely protect them. Unless you have permission, do not use a trademark. On a related note, assume everything written, spoken or on video is copyrighted. This means someone else, or a corporate entity owns it.
Watch out for spamers: Be wary of spamers on Facebook and other social media outlets. They may be trying to steal your identity. We have all seen “Tweet-bots” and “Facebook-bots,” so delete them as friends or followers. Better yet, never accept them as friends or followers.
Refrain from giving TMI: Some people chronicle their entire lives on Facebook. It is pitiful, boring, and dangerous. Do you think it is a good idea to post you will be in Mexico for ten days? You might as well erect a neon sign over your house saying “break into me, and steal my new flat screen TV.” In addition, this exposes you to identity theft and blackmail.
Assume what you say never goes away: The internet is vast, and things said on the internet never go away. Youthful indiscretions now remain in a state of virtual perpetuity. Social media is a treasure trove for divorce attorneys.
Police catch criminals by reading their Facebook pages all the time: Criminals like to brag, and they often do so on Facebook. Police know this, and it makes their jobs easier. If you are a criminal, refrain from posting your exploits on social media.
Assume people Google you and look at social media about you: I look people up on Facebook, Twitter, TikTok, and other social media all the time. What people say on social media outlets says a lot about them. Before you post a drunken picture from your bar crawl, think twice. A current or future employer may not like it. Even if it is Snap Chat, you can still screenshot it.
When in doubt use common sense and good judgment. If you do, you should be fine.
Please feel free to reach out to me at michael@wellslaw.us or call me at 336-793-1989.
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This publication is intended as a forum for information about the law and other topics of interest to the author and his readers, but is not intended to provide legal advice or opinion, or to establish an attorney-client relationship. No attorney-client relationship is intended to be formed, nor is it formed. The author’s statements are not attributable to Michael Wells, Wells Law PLLC, or any other person or entity not specified herein. The author’s statements may fail to represent the law or other topics of interest precisely or broadly.
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