I wrote about Twitter in my last blog enty, and I explained how twitter may or may not have what it takes to survive. I wrote that entry before some recent legal cases happened regarding free speech, Twitter, and the law. How will these cases impact social media and how we use it? The outcome of these cases have the potential to forever change the way we use the internet, at least in the US. Until we have the verdicts of these cases, consider the following:

In the United States, we have the Bill of Rights. These are the first 10 amendments to the constitution which lists certain freedoms that the Federal Government cannot infringe upon.
For example: The Fifth amendment guarantees the right to due process, double jeopardy protection, eminent domain and, protection against self-incrimination. When in court, you have the right to exercise your 5th amendment rights and cannot be compelled to become a witness against yourself; basically, this means you have the right to shut up. As Americans, we have a huge problem sometimes remembering that.
We also have the First Amendment right to freedom of speech. This means that as long as you don’t hurt someone else, you can say pretty much whatever you want, and it is 100% legal. Many of our US citizenry (and those in other countries) would be well served to review the fifth, as shown below:

Recently here in the US: A 43 year old man in Fostoria, Ohio, allegedly told a telemarketing sales representative during a May 18 telephone call that he would burn down the building and kill the employees and their families. He was indicted for making a terrorist threat, a Class D felony; and he could be sentenced to up to four years in prison if convicted. Before passing judgement, consider the following: both parties insulted each other, the man is on painkiller medication for a compound wrist fracture, and the said medication has a listed side effect of irritability. In addition, the telemarketer was selling a renewal for a factory warranty that had expired years ago. This man felt victimized by the telemarketer person who called him, not the other way around, and lashed out at his perceived aggressor, verbally.

Despite our 1st amendment protections, this man’s words still may have put him in prison. Now think about the last time you spoke your mind on the internet, especially if you were upset. Do you feel protected and free to say what you like in blogs and on social media sites? Read the following example and see if you still believe this to be true:

In May, a  Chicago resident using twitter, tweeted THIS: “You should come anyway. Who said sleeping in a moldy apartment was bad for you? Horizon realty thinks it’s ok.”  Horizon Group Management promptly filed a lawsuit against her, alleging that her statement damaged the company’s business reputation. The defamation lawsuit seeks $50,000 for her Tweet of less than 140 characters.
According to the complaint filed in Cook County court the Twitter user “maliciously and wrongfully published the false and defamatory Tweet on Twitter, thereby allowing the Tweet to be distributed throughout the world.” Keep in mind the user in question only has 20 followers on Twitter.

I believe the implications and possible precedents that could be set, are astounding and far reaching. What used to be so simple and innocent has suddenly become very complex and dangerous. Think of it in these terms; the next time you blog, you may need an attorney.