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Wednesday, July 6, 2011

Y! Alert: Legal Blog Watch


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Entenmann's Discovers a Fourth Type of 'Self-Destructive Corporate Tweet' Top
Back in April, I discussed a post on the Convince & Convert blog on "The 3 Types of Self-Destructive Corporate Tweets." Jay Baer broke the types of self-destructive tweets into three categories: Type 1: "Wrong Pipe" -- when the person responsible for tweeting for a company accidentally tweets from the company's account rather than from his or her individual Twitter account. The U.S. Secret Service recently learned about "wrong pipe" tweets the hard way. Type 2: "Tone Deaf" -- tweets that go beyond a careless error to questions of appropriateness, as in the example below from shoe CEO Kenneth Cole: Type 3: "Too Much Information" -- where people "misplace the filter between mind and keyboard," such as when a former Ketchum executive tweeted the following on the way to visit his client, FedEx: A tweet Tuesday by baked goods company Entenmann's has me thinking that we may need to add a fourth type of self-destructive tweet to the list. Entenmann's tweet, discussed below, initially looks like a "tone deaf" tweet, but it is different in that it lacks the requisite mens rea. Let's call it ... Type 4: Tweet First, Ask Questions Later -- when people try to promote their...
 
Wednesday's Three Burning Legal Questions Top
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: My company is filled with huge Yankees fans. We're not sponsors of Derek Jeter, but we'd like to post an ad congratulating him for his upcoming milestone 3,000th hit. Is there anything we should know before we post our ad? Answer: Yes, make sure you do not include Jeter's name, his likeness, the number 3,000 or even the word "captain" in any paid ads. If you do, Jeter's people will "do whatever is necessary" to stop you. (New York Post, Jeter's handlers play hardball on 3,000 hits) 2) Question: Unbeknownst to me, my mom cleaned my toilet with MY TOOTHBRUSH and then put my toothbrush back in the holder. I have the police on Line 2. What crime has been committed against me? Attempted murder? Answer: That is the crime of "harassment" in some jurisdictions. (UPI, Mom accused of toilet toothbrush tamper) (via Legal Juice) 3) Question: I'm a prison guard. A woman who is leaving a conjugal visit with one of our inmates seems quite nervous and is lugging a bulky suitcase. What should I do? Answer: Check that suitcase. Sometimes prison...
 
The Bitch is Back: Michigan Reverses Course, Allows Sale of 'Raging Bitch' Beer Top
In March 2011 I wrote here about Frederick, Md.-based Flying Dog Brewery, whose license application to sell its best-selling beer in Michigan was rejected by the state's Liquor Control Commission. The application was rejected because the beer is called "Raging Bitch," and includes a label with some other choice words (see below). Flying Dog fought back with a federal lawsuit claiming the ban violated its rights under the First Amendment to free expression, and, on Tuesday, June 28, the commission reversed its decision banning Raging Bitch. In short ... The Bitch is Back! On its website, Flying Dog states that the reversal came three weeks after the first hearing in the case, when the brewer sought a preliminary injunction against the ban. According to The Associated Press, a spokesperson for the commission said the agency reversed itself to "follow ... a recent U.S. Supreme Court decision that found states cannot engage in 'content-based discrimination.'" Flying Dog stated that despite the commission's reversal and approval of the sale of Raging Bitch in Michigan, "we have no interest in dropping the First Amendment lawsuit." The company still seeks to challenge the Commission's authority "to ban any beer label that they find offensive...
 

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