When 'Following' Doesn't Make You a 'Follower': SDNY Examines the Impact of Twitter Engagement in 'False Light' Case
The 'Flynn' case is likely to present any number of complex issues as it goes forward, not least relating to the First Amendment and the appropriate balance of protection afforded to private individuals and the news media in its reporting.
September 19, 2022 at 11:00 AM
10 minute read
What's in a name? And does it matter where its used? The legal profession is famous (or infamous) for picking apart what appears to be common language. Words and phrases that have everyday meanings—things that people simply say and understand as they go about their lives—may turn out to have hidden depths when they are analyzed as the basis for legal claims. Under that lens, context can be extremely important, sometimes transforming the ordinary meaning of a word into something entirely different. For example, some industries have an entire language, built up over time and in common use by sophisticated practitioners, that is entirely foreign to outsiders. In the context of a particular industry, these "terms of art" can even carry meaning that is the exact opposite of their common usage. Lawyers and courts must be aware of that context when examining the language underlying a particular statute, agreement, or claim.
This challenge has been particularly acute in recent years with the growth of new technologies and new ways to communicate and share information. It is common for courts to seek a "real world" analog for any popular digital service, and to attempt to apply legal standards accordingly. Thus, courts have, at various times, analogized Google to the Yellow Pages, Reddit to a newspaper front page, and Twitter to a town square—with varying degrees of success. But that kind of analogy can fail when the digital context transforms the meaning of the terms the court is examining.
If a friend tells you they like your jacket, the meaning is ordinarily clear. But what if someone "likes" your Facebook post? Is it an indicator that they agree with what you said—or even that they "like" anything about it? Given the artificial constraints in many social media systems, clicking the "like" button may be one of the few ways to engage with posted content. Although some systems have "dislike" or "downvote" buttons, many do not. In such cases it can be hard to determine what a "like" is intended to signify for a particular user. Terms such as "follow" and "share" similarly undergo a shift of meaning when used in a digital context, and ignoring these subtle changes in meaning can lead to unpredictable results.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFOIA Claims Dismissed Based on Res Judicata, New Trial Granted and Qui Tam Claims
8 minute readLatham, Kirkland Alums Land the Top GC Posts—Here's What It Means for Business Generation
10 minute readTrending Stories
- 1Senate Democrats Advance 4th Circuit Pick Ryan Park’s Nomination
- 2Judge Rejects Meta’s Plea to Send FTC Antitrust Suit to Trash Heap
- 3How Have You Fared in 2024? Share Your Insights in the Managing Partners Survey
- 4Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss
- 5Ironclad Officially Launches New Gen AI Assistant Jurist
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250