Posts tagged kerry gorgone
Risky Business: Can Liking a Facebook Page Cost You Your Job?
Jun 4th
By Kerry Gorgone, {grow} Contributing Columnist
Maybe it’s time to go back and examine which pages you’ve “liked” on Facebook. Here’s why …
The Case
Four deputies and two civilian employees were fired after they “Liked” the Facebook page of the candidate opposing their boss in the campaign for sheriff. They sued for wrongful termination, alleging that the firing violated their First Amendment right of free speech.
But does clicking “like” really mean anything? A U.S. District Court judge in Virginia doesn’t think so: he ruled that Facebook “likes” do not constitute speech, and therefore receive no protection under the First Amendment. Consequently, the terminations did not violate the First Amendment.
The Appeal
That decision is now on appeal before the Fourth Circuit Court of Appeals. The Sheriff’s Office maintains that the firing was unrelated to the employees’ social media activity. They also contend that liking a page can mean many things, so that simple “click of a button” does not constitute a “statement” that could be protected as speech.
I Don’t “Like” the Employer’s Argument
The defendant’s logic seems faulty to me. If I say “the President is so great,” you might infer a number of different meanings, depending on the context and my body language at the time. Nonetheless, my expression qualifies as speech, whether I genuinely admire the President, or roll my eyes and use a sarcastic tone of voice. Consequently, the possibility of a statement’s multiple meanings shouldn’t undercut First Amendment protection.
Refusing to consider a Facebook like “speech” from a Constitutional standpoint ignores the reality of modern day communication in the social media era. Liking a Facebook page is making a statement. Maybe it’s not as literal as “I like [Page Title],” but it’s certainly akin to “I publicly acknowledge the importance of this topic to me personally, and support this page’s content.”
“Liking” something should be considered speech, just as if I’d typed “I like something.” How much protection that speech deserves depends on what that “something” is. If I like a political candidate, that statement is entitled to more protection than if I like Fluff.
Contrary to the employer’s position in Bland v. Roberts, the simplicity of clicking “like” should not exclude that action from the definition of speech. Other simple actions have passed muster, like wearing a t-shirt that says “F*ck the Draft,” or wearing a black armband in protest of an ongoing war.
More Potential Problems
Apart from the First Amendment, think how dicey employment law will get if I like a Facebook page for “What to Expect When You’re Expecting,” and then my boss fires me, suspecting (though not stating) that I must be pregnant. The firing could violate the Americans with Disabilities Act.
An employee might like a page in support of gay marriage, the Republican Party, the Tea Party or fetish parties. Whatever the nature of the pages we like on Facebook, liking them is a conscious decision to broadcast our participation and support, even at a somewhat superficial level.
But then, that’s my opinion. Until we have legal precedent protecting our right to “like,” I’d recommend double checking your Facebook settings. If the pages you’ve liked are visible to the public, you may want to unlike pages that might offend a potential employer, or change your settings to hide that information.
On the other hand, you could just let it all hang out. After all, I’d never want to work for someone who didn’t like Fluff anyway. What is your take on this issue?
Kerry O’Shea Gorgone, JD/MBA, teaches New Media Marketing in the Internet Marketing Master of Science Program at Full Sail University in Winter Park Florida. Follow her on Twitter: @KerryGorgone
“You’re Creeping Me Out!” The Dark Side of Social Networking
Mar 13th
By Kerry Gorgone, {grow} Contributing Columnist
Things are about to get personal.
Social media has made it easier than ever to connect: Facebook, Twitter, LinkedIn, Instagram and other services have greatly amplified everyone’s personal brand message. This is fun, and beneficial inasmuch as we can get a sense of someone’s professionalism, character, and personality before we ever meet them in person.
Recently, though, I’ve had some less than pleasant experiences with people who seem to be interested in professional networking, but ultimately just wanted to use me to sidle up to someone else I know. Here are some tips from me and some of my social media friends on how to connect with people (as opposed to using them):
Don’t be creepy. If we’ve had a professional phone call, don’t use my number later for personal reasons. Texting me at 10 p.m. to ask “what’s up” is going to make me uncomfortable. My significant other won’t appreciate it, either.
If I accept your friend request on Facebook, don’t message me telling me I forgot to post to your wall for your birthday, as though I should have remembered. My mother didn’t call me on my birthday. Get over it.
Don’t come on too strong. I appreciate when people are helpful, and offer to share my posts or promote my upcoming appearances. This kind of professional support should show that you value my work and share my passions. Unless we’ve met in person, however, please don’t ask for my home address and, say, mail me gifts. That’s a little too personal.
You don’t owe me anything, and sending unsolicited gifts to me or my kids makes me feel as though you want me in your debt for some reason. Maybe this is unfair, but the fact is, it creeps me out, and I’m probably not the only one. Social gifting via Facebook and other networks has started to change public perception. A small token of appreciation given via Facebook is probably fine, since it won’t require that you know my home address or other vital information, but don’t go overboard.
Let things unfold naturally. That’s the only way a genuine, lasting relationship can begin.
Don’t ask for favors immediately. Nothing says “I’m using you” like friending me, then immediately asking how you should go about getting my close friend, Mr. New Media Celeb, to endorse your forthcoming project. Immediately, I will realize that you only wanted to step over me. That’s not a pleasant feeling, and will actually undermine your ultimate goal of “getting in” with my close friend, who is sure to value my opinion about pitches from “mutual connections.”
Consider how well you know someone before asking for any favors at all. As travel blogger and social media consultant Ann Tran observes, “I’m not automatically your friend when you need your book promoted or reviewed. ”Controlling the influx of pitches is a challenge when you have 300,000 followers on Twitter, as Ann does (@AnnTran_), but she remains open to connecting with people in a genuine way. “Social Media is all about collaborating and cultivating relationships, just like you would in any real-life situation.”
Don’t overstate our relationship. Please don’t send my high-profile friend a request to connect, indicating that you and I are good friends. We aren’t. Calvin Lee, designer, Twitter personality (@MayhemStudios), and Klout phenomenon, has more than 80,000 followers on Twitter, and has some experience with people overstepping boundaries. “They try to friend you online and IRL, talking you up like you’re the best friends in the world. They try getting on your good side by commenting, liking, sharing, or retweeting your posts and updates on all your social networks. “They’ll also friend everyone in your circle of friends on your social networks, adding as many as possible, then try to be their best friend. The next thing you know, this person will have snaked and faked their way into your network.”
I agree with Calvin that frantically friending my friends is a no-no. It’s fine to say that you know me, if that’s the case, and ideally to explain how. For instance, “I met Kerry at the NASA Social in D.C. last week and she had some great things to say about you. I’d love to connect, if you’ve a mind to.” This gives an accurate representation of our connection, and my friend can decide whether or not they want to accept your request based on what they know about you, rather than thinking I’m “vouching” for you without having been asked.
An emoticon is just an emoticon. 
Don’t assume that someone you know on Twitter wants to take the relationship offline just because he or she engages with you or your posts. Actress Casey McKinnon recommends maintaining appropriate boundaries when connecting with the opposite sex on social networks. “The best way not to be creepy online is to treat every female on the internet like she’s your sister… unless you’re into incest, then you should just stay off the web altogether.” So before you send that friend request or ask for a “shout out,” think about how you’d feel if the tables were turned. If you’d be creeped out or annoyed, chances are I will be too.
Kerry O’Shea Gorgone, JD/MBA, teaches New Media Marketing in the Internet Marketing Master of Science Program at Full Sail University in Winter Park Florida. Follow her on Twitter: KerryGorgone
How to do Social Media Management on the cheap
Jan 16th
By Kerry Gorgone, Contributing {grow} Columnist
A while back, I wrote a post on the Best Social Media Management Tools for Small Business Owners. I researched and reviewed a handful of the least expensive, most versatile options, but the comments included some lesser known alternatives that seemed worth investigating.
I’ve taken some time to check them out, using the same parameters I used to gauge the initial set of tools. To restate, any tool considered must enable you to:
- Schedule posts
- Connect numerous social media accounts
- Provide analytics
- Shorten URLs
Here are some additional options for small business owners in need of a cost-effective social media management tool.
Sendible
Price: Starts at $9.99 / month for eight accounts, offers plans up to $99.99 for 120 accounts
Platforms: Web application and mobile apps for iPhone and Android, mobile web version
In addition to offering low-cost plans, Sendible enables you to manage your Google+ pages, which is still a rare feature in social media management tools. (Note that this is limited to Google+ pages, as opposed to your individual profile or stream.)
The service also supports Facebook (profiles and pages), Twitter, LinkedIn, MySpace, Tumblr, Ning, Bebo and a number of other options. The full array of services you can connect to Sendible is impressive, so most business owners should be able to manage their social media efforts quite handily. Sendible does not offer a free plan, however, which is a drawback.
Viralheat
Price: Free for 7 social accounts, offers plans up to $499 / month for 50 accounts
Platforms: Web application (Chrome extension available)
Viralheat also connects a robust assortment of networks, including Facebook, LinkedIn, Twitter, and Google+, offers robust analytics including sentiment analysis for paid accounts (basic account analytics for free), has URL shortening via Bit.ly integration, and enables scheduled posts. My favorite feature: it enables geotargeted sharing to Facebook.
In short, Viralheat is a versatile social media management tool, well worth considering for small business owners.
Jugnoo
Price: Free up to three team members managing 20 accounts, $20/month for five team members and unlimited accounts, custom pricing available for larger teams
Platforms: Web application, mobile web version
What you get for free with Jugnoo is impressive. Link up to 20 social accounts, managed by up to three team members. You also get access to web analytics, Google analytics and social analytics. This makes Jugnoo highly appealing, and if you need to connect additional accounts or give access to more team members to manage your content, leveling up costs just $20 per month. They do have a custom pricing model, as well.
Fresh out of beta, this lesser known option added some new features recently, including link previews and rich media embeds.
Scheduled posts are enabled through BufferApp, which is itself a good option for business owners to manage their social networks.
Among free and low-cost options, Hootsuite is still the reigning champion, in part because its widespread use means there are many plugins and informational resources available. There are some viable contenders for small business owners to consider, however.
I investigated some of the platforms mentioned by commenters on my previous post. Although helpful, they do not fully meet the criteria outlined above:
Agora Pulse – Offers granular management of your Facebook pages, from scheduling posts to managing contests, but it’s limited to Facebook only.
Engagio – Engagio is a discovery tool, as opposed to a social media management tool. This service enables monitoring and engaging with Facebook, Twitter, Google+, LinkedIn and more through an inbox message format. Although this is helpful, this service lacks analytics and the ability to schedule posts, both of which are critical to small business owners.
Bottlenose – Still in beta, Bottlenose is a helpful tool for monitoring Facebook and Twitter feeds, LinkedIn, and more. The service offers some ability to engage by posting to linked accounts. Although Bottlenose is potentially useful for individuals, small business owners need need a tool that provides more holistic management capability (scheduling posts). The company is planning a pro version, which might have additional functionality.
Bundlepost – This service takes your existing RSS feed and makes it easy for you to select stories that would be of interest to your online audience. Then, you export prepared posts to a spreadsheet that gets uploaded to HootSuite. With minimal effort beyond scanning your news feeds, you’ve scheduled informative, helpful posts to go out over the course of the day, keeping you top of mind for your audience. In short, it’s a great tool, but works in concert with HootSuite, as opposed to providing an alternative to it.
The good news for small business owners is that options abound for you to customize your own no- or low-cost social media management solution.
What do you use? What would you recommend?
Kerry O’Shea Gorgone, JD/MBA, teaches New Media Marketing in the Internet Marketing Master of Science Program at Full Sail University in Winter Park Florida. Follow her on Twitter: @KerryGorgone
Sued for a Retweet: Being Snarky Might be Libelous
Dec 12th
By Kerry Gorgone, {grow} Contributing Columnist
Can an innocent re-tweet get you into legal trouble? Absolutely, as thousands of Twitter users recently discovered.
Defamation laws in the U.K. are stricter than in the United States (although reform is currently underway) and Lord Alistair McAlpine intends to wield those laws against 10,000+ people who spread a false BBC story alleging that an unidentified Tory was a child molester. Twitter users quickly began speculating that McAlpine was the subject of the piece, and he’s begun threatening those who shared the story with a libel lawsuit.
One click to retweet the story could cost a defendant tens of thousands of dollars, depending on the size of his or her audience. Apparently, counsel for McAlpine is using a tiered system, requiring small settlements and apologies from Twitter users with small follower bases, but increasing the demand from those with large followings.
How did this happen? It’s not as though those Twitter users who re-shared the story wrote it.
Twitter and defamation
Defamation works this way: you publish statements that tend to damage someone else’s reputation. “Publish” might mean you write and post the story, but it could also mean that you repeat it. Gossiping at the bar would be slander (spoken defamation). Retweeting could constitute written defamation, or libel.
In the United States, it’s less likely that Twitter users would be found liable for sharing the story at issue here, because public figures (like Lord McAlpine, a politician) have a higher burden of proof in defamation cases under U.S. law.
Specifically, a public figure seeking to recover damages for defamation must prove “actual malice,” meaning that the defendant knew the story was untrue, or published it “in reckless disregard” as to whether it was true. In other words, you had reason to think it wasn’t true, but published it anyway.
Most people under this standard could be off the hook in the McAlpine scenario, as a reputable news source like the BBC would seem to be trustworthy, e.g. they would not be sharing the story “in reckless disregard” as to its truth, because they would likely assume it had been vetted by the major media company before publishing.
Will the law chill free speech?
In the case of private citizens, recovery for defamation becomes easier, although bringing suit opens a proverbial can of worms: the plaintiff would subject himself to discovery (the process where the defense can search for evidence to prove the truth of the allegedly defamatory statements). Anyone would balk at the level of exposure inherent in the litigation process.
In the U.K., however, the burden is on the defendant (the retweeter) to prove the truth of the statement. This is costly, not to mention a virtual impossibility in most cases, as retweeters generally have no actual relationship with the subject of their statements.
Libel lawsuits both abroad and in the U.S. have chilled online speech among those who’d prefer to avoid court costs (everyone!).
Here’s a tip to provide an ounce of prevention: Type “allegedly” in front of the potentially defamatory statement. It takes two seconds, and it could spare you legal headaches, not to mention save you thousands of dollars. Allegedly.
Kerry O’Shea Gorgone, JD/MBA, teaches New Media Marketing in the Internet Marketing Master of Science Program at Full Sail University in Winter Park Florida. Follow her on Twitter: @KerryGorgone
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