In November of 2021, the Board of Governors of the Federal Reserve (the “Fed”) issued its Federal Reserve Financial Stability Report, a biannual report focused on potential risks to the financial system. In this issue, the Fed highlighted the role of social media and retail investors in equity market volatility.
There is momentum to reform part of the 1996 Communications Decency Act that shields social media platforms from liability for third-party posts.
Can a tweet be an unfair labor practice? On November 10, 2021, the Third Circuit Court of Appeals entertained oral arguments to determine just that. The tweet at issue: “[F]irst one of you tries to unionize I swear I’ll send you back to the salt mine.” According to the National Labor Relations Board (“NLRB”), this tweet, penned by the publisher in charge of an online magazine, violated sections 7 and 8 of the National Labor Relations Act (“NRLA”).