Federal court sides against Ohio man fired for police shooting joke

A federal appeals court has upheld the firing of an emergency medical services captain who was dismissed over Facebook posts about Tamir Rice, a 12-year-old Black boy who was fatally shot by a white police officer.
A federal appeals court ruled against an EMS worker from Cleveland whose employment was terminated for jokes made online about the police shooting of 12-year-old Tamir Rice.
(Fox News)
Jamie Marquardt argued that the social media posts were protected free speech and that Cleveland violated his rights by firing him in 2016. He has maintained that the posts were added to his Facebook account by someone else. Marquardt later deleted the posts. In one post, Marquardt said that he was glad Tamir Rice was dead.
NEW YORK SUPREME COURT REINSTATES ALL EMPLOYEES FIRED FOR BEING UNVACCINATED, ORDERS BACKPAY
In their ruling issued Wednesday, the three-judge appellate court acknowledged the many freedoms that the First Amendment guarantees but also noted that “in this unique circumstance, defendants had an overriding interest in preserving the public’s trust in Cleveland EMS’s capacity to serve the public.” On that basis, the panel found the lower court was correct to grant summary judgment to the city and its EMS commissioner.
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Rice was playing with a pellet gun outside a recreation center in 2014 when a policeman who thought the weapon was real shot and killed him.
Donald Trump can return to Facebook after two-year suspension

Facebook parent company Meta Platforms says it will reinstate Donald Trump’s accounts on Facebook and Instagram in coming weeks.
Despite opposition from Democrats and advocacy groups, the company said it would lift the ex-president’s suspension as he makes another run for the White House.
Trump has not been allowed to post on Facebook and Instagram since his accounts were indefinitely shut down following the January 6, 2021 attack on the Capitol.
At the time, Facebook said the ban was indefinite. After its outside board weighed in, the company banned Trump for two years and said it would decide this month whether to lift the suspension.
Trump crows about Facebook return on Truth Social
Trump crowed about Facebook’s decision on his Truth Social account.
“FACEBOOK, which has lost Billions of Dollars in value since ‘deplatforming’ your favorite President, me, has just announced that they are reinstating my account,” he wrote. “Such a thing should never again happen to a sitting President, or anybody else who is not deserving of retribution!”
He has events scheduled for Saturday in New Hampshire and South Carolina. Trump and his allies made extensive use of Facebook in his previous presidential runs.
Facebook says Trump will have to play by the rules. The company can restrict the accounts of public figures who violate its community standards during periods of civil unrest and Trump will face stiffer penalties in the future, said Nick Clegg, president of global affairs for Facebook parent company Meta.
“In the event that Mr. Trump posts further violating content, the content will be removed and he will be suspended for between one month and two years, depending on the severity of the violation,” Clegg said in a blog post.
Trump could also face restrictions for content that does not violate Facebook’s rules but “contributes to the sort of risk that materialized on January 6th, such as content that delegitimizes an upcoming election or is related to QAnon,” Clegg said.
In those cases, Facebook could limit how widely Trump’s posts are viewed or temporarily restrict access to Facebook’s advertising tools.
Trump’s return dismays Democrats, civil rights groups
“We know that any decision we make on this issue will be fiercely criticized. Reasonable people will disagree over whether it is the right decision,” Clegg said.
Two Democratic lawmakers sent a letter to Meta last month urging the company not to reinstate Trump on its platforms, arguing that his continued lies about the 2020 election are an attack on American democracy.
Opponents of Trump criticized the decision, saying it gives Trump more avenues to spread lies and disinformation. Trump, who frequently spreads misinformation online, has continued to falsely claim the 2020 election was stolen.
“Trump incited an insurrection,” tweeted U.S. Rep. Adam Schiff, D-Calif. “And tried to stop the peaceful transfer of power. He’s shown no remorse. No contrition. Giving him back access to a social media platform to spread his lies and demagoguery is dangerous.”
A Jan. 6 Committee report found that Trump’s supporters used Facebook to track his claims of a stolen election and that Facebook’s “delayed response” to far-right extremism and Trump’s incitement “helped to facilitate the attack on January 6th.”
“Mark Zuckerberg’s decision to reinstate Trump’s accounts is a prime example of putting profits above people’s safety,” NAACP President Derrick Johnson, said in a statement. “It’s quite astonishing that one can spew hatred, fuel conspiracies, and incite a violent insurrection at our nation’s Capitol building, and Mark Zuckerberg still believes that is not enough to remove someone from his platforms.”
Most conservatives cheer Trump’s reinstatement on Facebook
Conservatives say the ban is free-speech censorship by left-leaning technology executives that could unfairly hobble Trump in his presidential bid.
Trump’s campaign petitioned Meta to unblock his Facebook and Instagram accounts that were locked after the Capitol attack.
A continued ban would constitute “a deliberate effort by a private company to silence Mr. Trump’s political voice,” Trump’s campaign wrote to Meta on Tuesday, according to a copy reviewed by USA TODAY.
Tom Fitton, president of Judicial Watch, a conservative-leaning group, objected to Facebook’s new rules for Trump. Trump will face “abusive restrictions on his speech obviously designed to help Left, Democrats and Joe Biden in the run-up to the presidential election,” Fitton tweeted.
Not all conservatives applauded Facebook’s decision.
Michael Steele, former Republican Party chairman, said social media companies can do what they want, but warned there would be fallout from reinstating Trump.
“Private company. Private platform. Their decision,” Steele tweeted. “But we know the behavior hasn’t changed and the lies continue reinforced by feckless political figures who just want Trump to like them. Whether it’s Twitter or Facebook, there are consequences.”
Will Trump post again on Facebook?
It’s unclear if Trump will make use of Facebook as he seeks the Republican nomination. Trump has not tweeted since Twitter owner Elon Musk lifted his ban in November.
“Sadly, Facebook has been doing very poorly since they took me off,” Trump said in a statement earlier this month, suggesting parent company Meta Platforms revert to calling itself Facebook. “Whoever made that decision, and the decision to take me off, will go down in the Business Hall of Fame for two of the worst decisions in Business History!”
Facebook could help Trump raise campaign money
Returning to Facebook could turbocharge Trump’s political outreach and fundraising in the 2024 presidential race. In 2016 and in 2020, Trump tapped Facebook to energize his base and raise campaign cash.
Trump has 34 million followers on Facebook and 23 million on Instagram.
Despite the ban, “Team Trump,” a Facebook page managed by his political organization, remained active and has 2.3 million followers.
Trump ban on Facebook outraged conservatives
Meta Platforms cut off Trump’s access to its platforms indefinitely following the Capitol attacks. Trump critics praised the move, which had the support of most Americans but free speech advocates warned it set a dangerous precedent.
The de-platforming enraged conservatives who’ve complained for years that social media platforms target them based on their political beliefs and have too much latitude to restrict or remove content.
Those grievances boiled over when Facebook, Twitter and YouTube suspended Trump’s accounts, citing the risk that he would use his social media megaphones to incite more violence before the end of his term.
In response, Florida and Texas passed laws banning social media giants like Facebook from moderating content. Those laws are being challenged in the courts.
The Trump bans also renewed criticism of Section 230, a provision of federal law that shields internet companies from liability for user-generated content. Trump and other conservatives have argued for years that the provision should be repealed.
Why Trump was banned from Facebook
Meta Platforms CEO Mark Zuckerberg accused Trump of trying “to undermine the peaceful and lawful transition of power to his elected successor, Joe Biden” and said the indefinite suspension the day after Trump supporters stormed the Capitol was necessary to reduce the risk of violence at least up until Biden’s inauguration.
The company referred the final decision on Trump’s indefinite suspension to its Oversight Board. Saying Trump’s suspension had drawn “intense global interest,” the board accepted the case and pledged to conduct “a thorough and independent assessment of the company’s decision.”
Facebook Oversight Board upheld Trump suspension
The Facebook Oversight Board upheld Trump’s suspension in May 2021.
The Oversight Board found that the two Trump posts on Jan. 6 “severely violated Facebook’s Community Standards and Instagram’s Community Guidelines” prohibiting praise or support of people engaged in violence.
Specifically, Trump crossed the line when he wrote “We love you. You’re very special” and when he called the rioters “great patriots” and told them to “remember this day forever.”
“At the time of Mr. Trump’s posts, there was a clear, immediate risk of harm and his words of support for those involved in the riots legitimized their violent actions,” the board found. “As president, Mr. Trump had a high level of influence. The reach of his posts was large, with 35 million followers on Facebook and 24 million on Instagram.”
Facebook originally banned Trump for two years
But the company-funded tribunal of outside experts also ruled that it was inappropriate for Facebook to impose an indefinite suspension and instructed the company to review it.
In June 2021, Facebook decided to ban Trump for two years. After that period, Facebook said it would consult experts to determine whether “the risk to public safety has receded.”
At the time, Facebook said Trump’s Facebook and Instagram accounts would face a “strict set of rapidly escalating sanctions” if he violates the company’s rules again.
“Today’s decision by Meta is a pivotal moment in the debate over the best way to handle harmful content posted by politicians on social media,” the Oversight Board said in a statement Wednesday.
Is Trump still banned on Twitter and YouTube?
Trump called Facebook, Twitter and Google’s YouTube, all of which suspended him after his supporters attacked the Capitol, “a total disgrace and an embarrassment to our country.”
Twitter permanently barred Trump after the Capitol attacks. Musk reinstated Trump’s account and his nearly 88 million followers late last year.
CEO Susan Wojcicki said in 2021 that YouTube would lift the Trump ban “when we determine the risk of violence has decreased.” YouTube declined to comment.
What about Trump and Truth Social?
Without his mainstream social media megaphones, Trump has relied on his Truth Social app which has a more limited reach.
The ex-president has contractual obligations to his TruthSocial app and must post first there, with some exceptions including posts from a personal account for some political activities.
He also has incentive to prop up the value of his social media company.
In November, shareholders in the blank-check acquisition company Digital World Acquisition that plans to merge with Trump Media & Technology Group approved a one-year extension to close the deal. Regulators are investigating whether the leadership of Digital World and Trump Media engaged in negotiations before Digital World went public in 2021.
Contributing: David Jackson
17 Clueless Parents Who Made Some Very, Veryyy Questionable Decisions

Whatever you do, don’t let your parent post on Facebook without supervision.
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How LinkedIn became the next best option for media professionals, after Twitter | What’s New in Publishing

Microsoft-owned social platform for “managing your professional identity” has been growing in popularity for some time, and now it’s enjoying its special place
A year ago, when I wanted to talk seriously to some journalists about LinkedIn being a worthwhile network for journalism, most of the time I was laughed at. LinkedIn was considered a too-nice place, with little scandals, a relatively slow pace of product innovation and almost a boring place to be for a journalist.
Skip ahead twelve months and LinkedIn is a serious contender to take over Twitter’s place in the lives of many journalists globally.
In the 2023 edition of Reuters Institute’s “Journalism, media, and technology trends and predictions report”, LinkedIn has emerged as the most popular alternative according to media leaders from 53 countries, way ahead of any other network as a possible alternative.
And not only Twitter; some research suggests users who spend enough time on LinkedIn to consider it also a Facebook replacement. And despite its slow product development, now it’s also considered a viable platform to fairly quickly grow a newsletter.
So, what happened? How did LinkedIn turn from being the uncool kid on the block to the shiny alternative so many claim has made social networking a more useful experience?
LinkedIn’s path to the big leagues
LinkedIn claims it has 875 million “members”, but it does not release insights into its monthly active user (MAU) data which we can say with a reasonable certainty is smaller than 875 million.
Side note: Most newsrooms nowadays use the term “member” to indicate an active involvement, either by financial support or other means. Here the term is being used much more loosely to label anyone who registered an account and might have forgotten about it years ago and never touched it again.
According to Statista’s research, in the US, almost 50% of its app users used the app at least once a month and some have calculated that by the end of 2022 LinkedIn had 310 million MAUs.
To compare, Twitter’s monetizable daily active usage (mDAU) in Q2 2022 was 237.8 million, and in December it reported to have over 368 million monthly active users worldwide.
LinkedIn got an earlier start (2003) than Twitter (2006) and, probably because of its label as a “professional network”, was always a bit behind in terms of growth and platform innovation.
In December 2016, Microsoft completed its acquisition of LinkedIn, which analyst Ben Thompson of Stratechery at the time called unexpected, and explained that with LinkedIn Microsoft could form a direct relationship with its end users.
Microsoft went on to integrate some of LinkedIn features into its tools and today, if you are using Outlook, you can see your contact’s LinkedIn profile, to give one example.
Its big redesign in 2017 made it look like Facebook, which some considered a smart move and others hated (as with all redesigns, I guess).
In 2021, LinkedIn’s revenue surpassed $10 billion and its advertising business surpassed $1 billion. In 2022, LinkedIn’s subscription business also surpassed $1 billion.
LinkedIn was probably the last app to introduce the Stories format in 2021 and it didn’t stick, so was turned off a year later. The social network was also the last one to introduce newsletters, but unlike Twitter and Facebook that shut them down, newsletters on LinkedIn thrive.
In a recent interview, the platform’s chief product officer, Tomer Cohen, said they have 150 million newsletter subscriptions running right now on the platform, growing extremely quickly.
In 2022, the Slovak market research and marketing consultancy Go4insight did a large-scale survey of LinkedIn users in the country. They found out that LinkedIn users use Facebook more, Instagram to the same extent, Twitter and TikTok much less.
But when asked which network do they rate most favorably, it was LinkedIn. Facebook was actually rated the least favorable of all, despite higher usage.
Another takeaway from the survey was that heavy users of the platform have a greater understanding of contributions of a “non-work” nature and welcome them as refreshments. The term used to describe this in the survey was “Facebookization of LinkedIn”.
Why are journalists, media leaders and news organizations increasingly using LinkedIn
In the recent months I wanted to understand why I see more of my colleagues – and not just in Slovakia but fellow journalists and media professionals across the board – gravitating towards LinkedIn.
One “aha moment” came at the Forum Francophone in Paris, where I was asked to present a retention strategy for subscribers of Denník SME I have worked on since 2021 (I summed it up in this article for The Fix).
The day after the conference I met some other speakers and we had breakfast together. After we split up to catch our flights, no one handed out business cards, everyone just said “Bye, let’s connect on LinkedIn” (and we did).
When I used to visit international conferences before the Covid-19 pandemic, that line was more or less the same, but the platform mentioned used to be Twitter because most people working in media and journalism spent most of their days there. Something has changed.
I host a weekly technology podcast and listen to many tech and media podcasts, read Substacks of the same topics, and a lowered Twitter usage could have been felt across the board.
Sure, that’s all subjective and I don’t have hard data to back this up. Still, I don’t remember in recent memory that so many high-profile journalists who claimed to be addicted to Twitter engaged less on the platform or altogether stopped.
Vox has published a somewhat different take diving deeper into why journalists aren’t leaving the platform en masse and it came down to two things: the beats they are covering with Twitter being still the most useful network for that and Twitter still being an efficient news-gathering source.
I was surprised LinkedIn wasn’t mentioned in the article even once, but niche alternatives with a much smaller user base like Mastodon and Post got a shoutout.
Since I wrote an opinion piece for The Fix after Twitter suspended some journalists covering Elon Musk, I have been less active on Twitter and increased my engagement on LinkedIn.
The first reason why LinkedIn was an obvious choice was the similar size to Twitter and the similar logic of an infinity feed which mixes text, images and videos (and PDFs, which it turns into horizontal slides).
I was never too active on LinkedIn but maintained a weekly habit of adding one or two posts to the platform which to my surprise was enough to grow a sizable audience.
Another reason was that I have seen some of the journalists I have been following on Twitter sharing their LinkedIn profiles and saying they will be moving more of their social media time over there.
And lastly, I found the platform to bring me more useful information than I initially thought, albeit still feeding me enough “LinkedIn feel-good nonsense” to make me doubt its usefulness compared to Twitter.
At the moment, I can tell I haven’t found LinkedIn to be a definitive alternative to Twitter, yet for the time being, it will remain my number one social media choice.
One more informative alternative to Twitter I have seen some journalists mention was the second coming of RSS readers, with Readwise Readerbeing the frontrunner.
Still in beta, it seems to offer a lot of features including highlights and summaries of not only articles but also YouTube videos thanks to the GPT-3 integration.
To sum up, LinkedIn doesn’t seem to become a general-purpose social media platform like Facebook or Twitter and despite the chance Twitter’s botched change in ownership has given it, its leaders remain focused on “connecting the world’s professionals to make them more productive and successful”.
This piece was originally published in The Fix and is re-published with permission.
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