Are social media posts considered free speech

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Getting Social Collapse Remember the University of California student who -- back in early 2009 -- posted the infamous tweet about an internship with the software giant? "Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work." You already know how this story ends. A Cisco employee discovered the tweet, the offer was rescinded, and a firestorm of publicity ensued. Since this was among the first cases where a status update resulted in the loss of a job, “Cisco Fatty” became a case study/cautionary tale of social media recruitment that will live on in the history books of Web 2.0. These days, however, status firings have become downright common. From CNN editors and waitresses, to hospital employees and, yes, even pieorogis, it seems no one is immune to being shown the door over a post that doesn’t sit well with their boss. However, despite the increasing number of dismissals related to social media, most have remained internal matters between employers and their staff. But what do you think? 1.) Are social media posts considered "free speech"? 2.) When can an employer legally terminate an employee for their online behavior? 3.) Can an employer legally examine a candidate's social media presence as part of the recruitment process? 4.) How should an employer prevent a legal situation around social media policy from occurring in the first place?

Reference no: EM131034538

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