New 1983 Federal Standards: Law Enforcement Administrators and HR Personally Liable for Inadequate Social Media Policies and Training


No Qualified Immunity In Social Media Cases And Officers

Are Sued Individually For Social Media Mistakes


  • Courts recognize social media's potential as a weapon causing Civil Rights Violations, First Amendment Infringement, Harassment, and Permanent Reputational Injury. The requirement for more outside expert policy development and employee training is obvious. (42 U.S.C. 1983).

LEGAL AUTHORITY: 42 U.S.C. 1983, See Landmark Cases Involving Failure To Train When The Need For More In-Depth Training Is s So Obvious: City of Canton, Ohio, v. Harris, 489 U.S. 378 (1989), Monell v. New York City Department of Social Services 436 U.S. 658, City of Oklahoma City v. Tutle 471 U.S. 808, Brown v. Bryan Board of Commissioners 520 U.S. 397 (1997), Tennessee v. Garner, 471 U.S. 1 (1985), Smith v. Wade 461 U.S. 30 (1983) on punitive damages. The new federal standards for social media policy and training stem from recent U.S. Supreme Court such as Packingham v. North Carolina 137 S.Ct. 1730 (2017), federal cases, and agency social media rulings from EEOC, FCC, and FTC.

 

Legal Alert: New elevated federal standards consider the use of generic policies and superficial training as showing deliberate indifference towards the obvious need for specialized social media policies and employee training, which must be handled by a licensed and experienced social media attorney like me. For inquiries about my compliance programs, call 954-748-7698.

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You Must Immediately Make These Changes

Important Social Media Policy Mitigation Strategies
  • If your social media policy has not been tested in court, you must have an experienced social media attorney specialist like me ensure your policy complies with new federal social media drafting standards.


  • Do not place blind faith on model social media policies from reputable policy services. 99% of model policies fail in court because they contain defective boilerplate language and overlook key legal issues.


  • Courts deem social media policies as specialized legal documents. To avoid unlicensed practice of law claims, never have a PIO or any other non-lawyer write your social media policy.


Questions About Our Compliance Policy Programs? Call 954-748-7698

Important Social Media Training Mitigation Strategies
  • It's imperative that you integrate expert social media liability training into your Civil Rights, First Amendment, and Harassment Training.


  • Your social media law instructor must be a court-qualified, licensed social media attorney, rather than just any attorney or non-lawyer.


  • Social media injury cases rarely receive qualified immunity due to clear violations of federal laws and constitutional rights. As most cases are deemed willful conduct, personal liability insurance does not cover them, leaving individuals to pay for legal damages out of pocket.


Questions About Our Compliance Training Programs? Call 954-748-7698

Be Pro-Active, Don't Wait For A Lawsuit.

Receive Help Now From A Nationally Recognized 33-Year Digital Media Attorney


Phone: 954-748-7698


Email: [email protected]


Website: www.avoidsocialmedialaw.com
 
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