The

Undeniable

Ruth

®

…and the Ruth shall set you free!

  • The Legal Side of Blogging – Part 3 of 4: Can My Blog Get Me Fired?

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    Ruth Carter

    Disclaimer: I am not a lawyer. I am a law student. In accordance with ABA policy, this blog should not be viewed as legal advice. It is simply my experiences, opinions, and stuff I looked up on the internet.

    Work Uniform
    Image by B_Zedan via Flickr

    This is a question that has an obvious answer – yes, your blog can get you fired.

    People have always done things that could get them fired – saying bad things about their company, clients and coworkers; breaking the company’s rules; disclosing confidential information; and stealing from the company – but now they are making it more obvious that they are doing it.

    My general rule is don’t say anything online that you wouldn’t put on the front page of the newspaper.  When it comes to keeping your job, don’t say anything online that you wouldn’t say to your boss’ face.

    There are some amazing true stories about disturbing things people have done online in relation to their work:

    • Whole Foods CEO John Mackey was investigated by the SEC for posting anonymous messages that praised his company and condemned Wild Oats Market, his company’s competition.  (Poor form!)
    • An Illinois attorney allegedly posted an ad for a secretary in Craigslist’s adult section and told an applicant that her job responsibilities included dressing sexy and having sexual interactions with him and another attorney.  (Seriously?!)

    How did these presumably intelligent people think that they might get away with this?

    Companies have realized that online posting by employees can be good or bad free advertising, and are taking steps to protect their reputations by creating guidelines about what employees can and can’t say online.  I’m not a big fan of my employer telling me what I can’t do when I’m on my own time; however I appreciate it when I have clear limits about what I can and can’t do.  I like to push the envelope, but I don’t like getting fired.  Some of these guidelines are pretty obvious – don’t share confidential information, don’t bash the company, its employees, or its clients – but some employees won’t follow these rules unless they’re laid in stone, and maybe not even then.

    Having a blog makes you more vulnerable than other social media profiles because it’s open for everyone to see it.  Facebook and Twitter let us control who can see what we post, but with a blog, your words are shared with the entire internet-accessible world.  When in doubt, don’t share information about your work on your blog or anywhere else online.

    Employers are getting smart about these things and are Googling job applicants and looking for their profiles on Facebook.  They can’t discriminate against someone based on their race, religion, or sexual orientation, but they can choose not to hire someone because it looks like their preferred weekend activity is beer pong.  A lot of employers are looking at whether a person generally displays good judgment and won’t hire a person who does not act responsibly in their personal life.

    I generally discourage people being stupid.   However, I have an exception for those who are genetic morons who can’t be cured with education: keep being stupid.  Make it blatantly obvious how stupid you are so those of us who are not stupid don’t have to waste our time on someone who might clean up and put on a good front, but who ultimately is a moron.

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  • The Legal Side of Blogging – Part 2 of 4: Can My Blog Get Me Arrested?

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    Ruth Carter

    Disclaimer: I am not a lawyer. I am a law student. In accordance with ABA policy, this blog should not be viewed as legal advice. It is simply my experiences, opinions, and stuff I looked up on the internet.

    While most of what we post online is protected by the First Amendment, not all speech is protected.  Therefore, it is logical to think that anything that would be illegal to publish in a newspaper is likely illegal if it was posted online.  There are a fair number of things that could probably get you arrested if you put it on your blog.

    Threats of Violence

    In general, it’s illegal to threaten violence against another person.  In Arizona, “intentionally placing another person in reasonable apprehension of imminent physical injury” is assault.  The law doesn’t say what methods of creating this apprehension are illegal; therefore you can make an argument that a threat against you in someone’s blog is enough to have the author charged with a crime.  In Britain, there has already been one arrest when a woman threatened to kill someone on Facebook.

    It’s also not a good idea to make threats that sound like terrorist plots.  Sarcastic threats should also be avoided since sarcasm doesn’t translate well from reality to the internet.  Paul Chambers learned this the hard way.  He was angry that the airport was closed due to snow and tweeted, “You’ve got a week and a bit to get your s**t together otherwise I’m blowing the airport sky high!”  He was convicted of sending “‘indecent, obscene or menacing’ messages over a public electronic communications network.”

    Threats Against the President

    It appears that the Secret Service patrols the internet looking for postings that threaten the president’s life and that all threats are taken seriously.  Fourteen year-old Julia Wilson was pulled out of class and questioned by the Secret Service after she posted a picture of then-President George W. Bush with the words “Kill Bush” on her Myspace page.  She didn’t know that threatening the president was a federal offense.  The First Amendment lets us express dissatisfaction with the administration, but not with death threats.

    Cyberharassment

    I’ve already jumped on my proverbial soapbox once about cyberharassment.  It’s illegal in most states and people are getting arrested for bullying people via social media websites, text messages, email, and for bullying people by creating websites about them.  Authorities have been taking these cases more seriously since Megan Meier committed suicide at age 13 after receiving a message on her Myspace page that she was better off dead.

    Illegal Sales

    The internet gives us numerous forums to sell our stuff; however, selling certain items and services like drugs, human body parts, stolen property, and sex, are still illegal wherever it occurs.  In some situations, you might get off by saying, “It’s not mine,” or “I didn’t do it,” but that will be a harder argument to make if these items are being sold from your personal website.

    Solicitation

    You can commit solicitation via your blog if you command, encourage, request, or solicit people “to engage in specific conduct which would constitute the felony or misdemeanor.”  I haven’t seen a case like this yet, but given how much the law caters to irrational, foolish people who don’t think through their actions, I can see it happening.

    Another thing to remember is that your blog could be used as evidence against you in the event that you are arrested.  There has been at least one case where a sex offender was given a harsher sentence when the judge held that the offender’s blog indicated that he could not follow the court’s orders or control his actions.  His designation was changed from being a sex offender to a sexual predator when he created a posted aimed at his victim.

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  • Is That Legal – Improv AZ Coroner Prank #2

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    Ruth Carter

    Disclaimer: I am not a lawyer.  I am a law student.  In accordance with ABA policy, this blog should not be viewed as legal advice.  It is simply my experiences, opinions, and stuff I looked up on the internet.

    Last week the Improv AZ crew decided to revise their world –famous coroner prank, only this time instead of having four people in “coroner” shirts carry a stuffed body bag on the light rail, we took it for a walk through Chandler mall.

    We were hoping to raise a lot of eyebrows and get a lot of double takes and surprised stares of disbelief.  We succeeded in that, but we also spent just enough time in the building to get the attention of mall security.  Not wanting to cause any trouble, we offered to leave.  They refused our offer and called Chandler Police instead.  A mall cop claimed we committed “a dozen felonies.”  The real cop said we could have been charged with disorderly conduct.  In the end, they let us go with a warning and the mall cops banned us from Chandler mall for three months.

    Of course as the group’s CLS, I did my usual research before doing this prank, and after our run in with the law, I rechecked everything.

    What can mall cops really do?

    Mall cops are citizens and can only make citizen arrests.  If they are an agent of the property owner, they can ask people to leave and call law enforcement to arrest them for trespassing if the patrons don’t comply.

    Did we commit trespassing?

    I don’t think so.  Shopping malls open themselves up for members of the public to enter and shop.  We are, in legalese, “invitees.”  If we had been asked to leave by a property owner or their agent and then refused to go, then we would have been trespassing.

    Were we illegally impersonating a government official?

    The way Arizona law is written, we would have to pretend to be a public servant and engage in conduct “with the intent to induce another to submit to [our] pretended official authority or to rely upon [our] pretended official acts” to be charged with impersonation.  We did nothing to assert our authority against any mall patrons or anyone else.

    A mall cop tried to tell us that our fake coroner badges made us guilty of a felony, but anyone looking closely at them would have seen that they were made with someone’s laminator at home.  Our badges had our pictures – mine was my Twitter avatar – and the words “Coroner” and “All Access Pass.”  The mall cop took our badges from us and turned them over to the Chandler police officer.  After looking at them briefly, he gave them back to us.

    FYI – Arizona doesn’t have coroners.  It has medical examiners.

    Did we commit disorderly conduct?

    I think that’s a stretch at best.  Arizona law defines disorderly conduct as engaging in certain behavior “with the intent to disturb the peace or quiet of a neighborhood, family, or person or with the knowledge of doing so.”  The only behavior they could have tried to pin on us was “fighting, violent or seriously disruptive behavior.”   Our conduct could have been considered disruptive, but probably not deserving of being in the same category as violent behavior.  The other behaviors on the list for disorderly conduct didn’t seem to apply since we weren’t making noise, using offensive language, carrying weapons, or preventing business transactions from occurring.

    Could the mall cops make our camera guy prove he’d erased the footage he shot with his phone?

    Mall cops are just civilians so they probably don’t have that authority.  Real cops, however, can search your phone if it’s related to an arrest.  Otherwise, it looks like they’d a search warrant.

    Is it illegal to walk around with a fake dead body?

    I looked through Arizona statutes and didn’t find any laws against having fake dead body.  I find out about some of the things you can’t do with an actual dead body:

    • You can’t move a dead human body with the hopes of abandoning or concealing it.
    • You can’t move a dead body from its grave without authority of law.
    • You can’t steal stuff off or from a dead body.
    • You can’t have sex with a dead body.

    For now the four coroners are banned from Chandler mall.  The mall cop gave each of us a card with the Chandler mall code of conduct on it.  I’d share this list with you (it’s pretty funny) but it’s too long, and surprisingly, Chandler mall doesn’t have it available on their website.

    Related Articles:
    Official Improv AZ Blog: When Mall Cops Swarm – The Coroner Prank #2
    Video: Improv AZ – Coroner Prank 2, “Bob Goes To The Mall”