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employment law - Social Media - Subpoenas - Anonymity - First Amendment

CT
Chuck Thompson
Thu, Nov 9, 2017 1:15 AM

So let's say you have employees who are upset about something and they post messages anonymously on a social media platform that include allegations of fraud against the government.  While you may be upset, so too might be the government, in this case the feds.  The Justice Department decides that these allegations coincide with concerns it has about the way in which a contract or a grant is being handled and decides that it ought to interview these anonymous folks. Can the government get the social media company to disclose the identifying information that it has about these anonymous posters under the first Amendment?  You bet says the 9th Circuit.
U.S. v Glassdoor http://cdn.ca9.uscourts.gov/datastore/opinions/2017/11/08/17-16221.pdf
Join IMLA in DC in April for up to date discussions on these types of topics and more!

Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
51 Monroe Street
Suite 404
Rockville, Maryland  20850
202-466-5424  x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC
Support Houston!  Come to our Annual Conference in beautiful downtown Houston -
October 17-21, 2018 - Come to both Seminar and Conference for bundled rate at www.imla.orghttp://www.imla.org/

So let's say you have employees who are upset about something and they post messages anonymously on a social media platform that include allegations of fraud against the government. While you may be upset, so too might be the government, in this case the feds. The Justice Department decides that these allegations coincide with concerns it has about the way in which a contract or a grant is being handled and decides that it ought to interview these anonymous folks. Can the government get the social media company to disclose the identifying information that it has about these anonymous posters under the first Amendment? You bet says the 9th Circuit. U.S. v Glassdoor http://cdn.ca9.uscourts.gov/datastore/opinions/2017/11/08/17-16221.pdf Join IMLA in DC in April for up to date discussions on these types of topics and more! Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 51 Monroe Street Suite 404 Rockville, Maryland 20850 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC Support Houston! Come to our Annual Conference in beautiful downtown Houston - October 17-21, 2018 - Come to both Seminar and Conference for bundled rate at www.imla.org<http://www.imla.org/>