The NSA Song

From Bob Noone and the Well Hung Jury:

Political Appropriation, a Tort?

A New Jersey couple who posted their engagement picture on a personal blog were later mortified to learn that their special photo had been altered and used in political attack ads. As reported by ABC news, the gay couple's photo showing them holding hands and kissing with the New York skyline in the background was altered by an advocacy group targeting two Republican candidates in Colorado state legislative races.  Apparently, the candidates had not shown sufficient intolerance for prospective civil union legislation. The background of the photo was altered to show scenes that looked more like Colorado and statements attacking the candidates were affixed. Both targeted candidates lost in the primaries.

The couple has filed suit in US District Court for misappropriation.  The photographer has joined the suit for copyright infringement.  The Southern Poverty Law Center is providing counsel for the couple. While their image was most certainly appropriated, was it done for commercial purposes? What is the privacy expectation when you post an image on the internet?  Is there a political free expression defense?

The engagement photo:


One of the Colorado attack ads:


The other one:


TV news report:



See other posts on Commercial Appropriation involving:
Bette Midler
Vanna White, here and here
Tom Waits
Kim Kardashian
Lindsey Lohan

What Employers Can Learn About You From Facebook

In a prior post, I have discussed how inappropriate pictures posted on Facebook could support an employee's dismissal. However, a positive Facebook profile may help you get hired in the first place. A study published in the Journal of Applied Social Psychology indicates that reveiwing the social media profiles of a prospective employee may allow employers to closely approximate the results of standard personality testing. The study also indicates that information from social networking sites may be a better predictor of job success than IQ tests.   A similar study by University of Maryland Assistant Professor Jennifer Golbeck revealed similar results. According to Professor Golbeck:

There’s a lot of research out there that’s of interest to employers and businesses, about what a person’s personality says about their potential for job success and their ability to work in a team, and a lot of companies make people take personality tests. If we can get pretty accurate results just by looking at someone’s social media profile, then you have the potential to apply all those results about what personality implies about a person, without actually having to have them take a test. So there’s some good sides to that, and some potentially creepy sides. I’m not a legal expert, and I don’t know the details of that, but employers are certainly looking at all the social media that’s available about their potential employees, and people really need to keep that in mind.

Of course, the results of the review may not always be beneficial to the applicant. But this study gives us another example of the way that technology and social media stretches traditional notions of privacy.

Click here or on the image below to see a report discussing the value of personality tests in hiring:

A Challenge For an Open Internet

Keeping internet speech open and free is certainly a desirable goal.  But how do we, as a society, deal with those who act irresponsibly and cause significant harm to others.  School systems are struggling mightily with the issues of cyber bullying. Teachers and school administrators have been targets of fake Facebook listings.  Thus far, legitimate websites such as Facebook have been cooperative in removing content that is obviously false and harmful, thereby attempting to reduce the magnitude of harm suffered by victims.  But how should the system deal with website hosters who not only allow false and harmful postings, but actually encourage the practice?

Consider the case of Sarah Jones.

Featured Website: Exploring Constitutional Law

The website, Exploring Constitutional Law is maintained by Doug Linder at University of Missouri- Kansas City School of Law.  Prof. Linder has compiled material on a wide range of topics.  In each instance, he has gathered case summaries and background information to assist the learning process.  Click on the images below to sample some of the topics explored. But also take the time to explore this website for you own classroom needs.

Thanks to Prof. Lender for sharing this fine classroom resource by posting it on the web.

Click on the image below of Estelle Griswold, plaintiff in the landmark case of Griswold v. Connecticut to explore the website section on the right of privacy. (source of image: http://www.abajournal.com/magazine/article/june_7_1965_griswold_v._connecticut_decided/)



Click on the image below of Susette Kelo, plaintiff in the landmark case of Kelo v. New London to explore the website section on the takings clause. (source of image: http://www.boston.com/ae/books/articles/2009/02/01/stealing_home/)



Click on the image below of Thomas Edison High School in San Antonio, Texas, the locus of the events leading to the landmark case of U.S. v Lopez to explore the website section on the Federal Power to Regulate Commerce. (source of image: http://saisd.net/schools/edison003/)