{"id":8395,"date":"2016-03-02T11:50:06","date_gmt":"2016-03-02T19:50:06","guid":{"rendered":"https:\/\/ftllp.net\/?p=8395"},"modified":"2024-11-03T12:59:43","modified_gmt":"2024-11-03T20:59:43","slug":"how-dumb-is-it-legally-for-a-celebrity-to-tweet-while-in-the-middle-of-a-lawsuit","status":"publish","type":"post","link":"https:\/\/dev.creativespikedigital.com\/lftc\/news\/entertainment\/how-dumb-is-it-legally-for-a-celebrity-to-tweet-while-in-the-middle-of-a-lawsuit\/","title":{"rendered":"How Dumb Is It, Legally, for a Celebrity to Tweet While in the Middle of a Lawsuit?"},"content":{"rendered":"\n

In October 2014, Kesha filed a lawsuit against producer Dr. Luke, accusing him of sexual assault and battery, sexual harassment, and emotional distress, among other allegations. For over a year, Luke remained publicly silent about the suit, letting his legal team serve as his mouthpiece, while filing his own countersuit<\/a> alleging extortion. All silence ceremoniously broke on February 21, when a judge denied Kesha\u2019s request to be released from her contract under Luke\u2019s Sony label Kemosabe. By then, the #FreeKesha fan army had already assembled. It was only after major artists like Lady Gaga and Kelly Clarkson voiced support for Kesha on Twitter\u2014and after Luke\u2019s lawyers claimed a \u201ctrial by Twitter\u201d\u2014that Luke felt compelled to use the platform to profess his innocence.<\/p>\n\n\n\n

The day after the ruling, Luke wrote<\/a> in one tweet, among other denials: \u201cI didn\u2019t rape Kesha and I have never had sex with her. Kesha and I were friends for many years and she was like my little sister.\u201d What\u2019s surprising, other than his decision to take the stand via Twitter, is that the tweets have yet to be deleted.
<\/p>\n\n\n\n

Discussing an ongoing legal case in public violates a traditional, unofficial rule of celebrity litigation (as well as litigation in general): never speak. And, on a basic level, posting on social media about a highly sensitive and ongoing entanglement\u2014legal or not\u2014violates a newer common-sense dictum: never tweet. \u201cNo comment\u201d is typically the rule of thumb. But for Luke and other celebs, public opinion can grow so thick that it topples the need to stay tongue-tied.<\/p>\n\n\n\n

In Luke\u2019s case specifically, which involves allegations of fairly horrific sexual abuse, it\u2019s tough to care too deeply about whether or not these tweets might hurt his case. What\u2019s interesting, however, is how this question will play out in the future: how social media (Twitter, Facebook, Instagram) has changed the legal game\u2014both for the stars whose posts are guaranteed to draw attention, and their attorneys, who are paid to keep them out of trouble. Is the illusion of risk greater than the reality? How does a legal team control potentially boneheaded famous clients and avoid defamatory social media use?<\/p>\n\n\n\n

Not surprisingly, the lawyers I spoke to about Luke\u2019s and other prominent celebrity cases say they advise clients to stay away from social media altogether. \u201cMy hard rule would be not to say anything about any disputes that you\u2019re involved in, in any kind of media,\u201d says entertainment and sports lawyer Lisa E. Davis, who represents author Terry McMillan and has served as legal counsel on films like the documentary 9\/11<\/em> and Malcolm X<\/em>. \u201cWith social media, the rules are no different than they used to be for newspapers. The difference, of course, is that it\u2019s not mediated by any editors, and even though you can quote-unquote delete it, you really can\u2019t get rid of it.\u201d<\/p>\n\n\n\n

Even as famous people operate within the same legal system as normal people, the celebrity is clearly extra liable\u2014in several different ways. In some cases, defamatory tweets or posts lead to lawsuits. While we might be able to get away with extremely rude tweets about exes or colleagues, Courtney Love got sued for it twice. In other situations, social posts, quickly amplified and preserved in a thousand screenshots, can damage already pending cases, as with 50 Cent\u2019s bankruptcy case this year. Complications arise when celebs focus more on building relatable personas and keeping the public on their side at all times than on solving or avoiding legal trouble. In essence, they can\u2019t just shut up.<\/p>\n\n\n\n

MY HARD RULE WOULD BE NOT TO SAY ANYTHING ABOUT ANY DISPUTES THAT YOU\u2019RE INVOLVED IN, IN ANY KIND OF MEDIA.<\/em><\/p><\/blockquote>\n\n\n\n

In early February, Future was hit with a $15 million defamation suit<\/a> from Ciara for allegedly slandering her in radio interviews and on Twitter, where he wrote<\/a>: \u201cThis bitch got control problems…\u201d (That tweet was later deleted). And: \u201cI gotta go through lawyers to see baby future……the fuckery for 15k a month,\u201d referring to their son. Future was seemingly trying to preserve his public image as a decent dad, but slandering, in Ciara\u2019s eyes, his ex in the process.<\/p>\n\n\n\n

In responding\u2014not to Kesha but to the ego-defeating army of her supporters\u2014Luke similarly seemed to be protecting his reputation as an artist and producer more than he was his chance at a fair trial. Luke wrote<\/a> in his tweets: \u201cUntil now I haven\u2019t commented on the lawsuits, which should be resolved in court not here on Twitter.\u201d And: \u201cIt\u2019s a shame that there\u2019s so much speculation out there basing itself on so little information. The only truly objective person who knows the facts is the judge. The judge did not rule in Kesha\u2019s favor on Friday.\u201d<\/p>\n\n\n\n

Kesha hadn\u2019t been specific about the facts of the case in public either. After Luke\u2019s tweets, she wrote a more detailed Facebook post<\/a> stating that she\u2019s not against working with Sony as long as Dr. Luke is cut off.(Bloomberg BusinessWeek<\/em> explained why breaking the contract <\/a>is legally implausible for Sony and how the power to sever the deal is ultimately in Luke\u2019s hands.)<\/p>\n\n\n\n

Music attorney Kamal Moo, who primarily negotiates recording contracts and publishing deals(he\u2019s previously worked at BMG Music Publishing), considers Luke\u2019s tweets to be fairly harmless. \u201cThere\u2019s nothing that jumps out to me that could hurt him,\u201d says Moo, adding, however, \u201cThe general theory is better not to tweet. He\u2019s playing the public opinion game. But it hasn\u2019t gone to trial yet and a court may not look favorably upon that. There\u2019s definitely cost-benefit analysis there. Does it help you enough to go down this road and do that?\u201d<\/p>\n\n\n\n

EVEN IF A SOCIAL MEDIA POSTING IS NOT PUBLICLY ACCESSIBLE AS MOST TWITTER POSTS ARE, YOUR ONLINE LIFE CAN BE SUBPOENAED.<\/em><\/p><\/blockquote>\n\n\n\n

Whether or not Luke\u2019s tweets turn out to be legally risky, it\u2019s the attempt at public vindication that stumps lawyers like Davis who understand the motivation but don\u2019t see the gain. \u201cSo he tweeted that he didn\u2019t rape Kesha. Did he think that\u2019s somehow going to make it seem more believable?\u201d says Davis. \u201cTypically, when you have a situation like this, you have a coordinated approach so that any public statements are vetted by the lawyer and the crisis publicist to make sure it\u2019s telling the story you want to tell. That it\u2019s not contradicting anything that\u2019s going to emerge in court proceedings. That it\u2019s not going to damage your client. The risk with social media is that because there\u2019s no intermediary, there\u2019s no thought or planning.\u201d<\/p>\n\n\n\n

In another one of his tweets, Luke posted a screenshot<\/a> of a 2014 TMZ story with a headline that read: \u201cLady Gaga denies claim by Kesha\u2019s lawyer that Dr. Luke raped her.\u201d Gaga subsequently posted a photo of herself with Kesha<\/a> (along with the caption \u201cFree Kesha\u201d), as well as an Instagram note<\/a>, drilling home the point that she fully stands by Kesha.<\/p>\n\n\n\n

Entertainment litigator Bryan J. Freedman<\/a>\u2014whose clients include Mariah Carey, Chris Nolan and various unnamed celebrity victims of the infamous nude hacks\u2014says of Luke\u2019s tweets, \u201cIt might not harm his case, but it might speak\u00a0about<\/em>\u00a0the case. And there may be some level of privacy and right to privacy that the other party has, to not have their name thrown out there over and over again.\u201d<\/p>\n\n\n\n

Freedman cites Bill Cosby as a prime example of a situation where the celebrity\u2019s team has likely advised him that speaking or tweeting to clear your name won\u2019t work any magic. Cosby has taken the old-school approach, remaining largely silent himself (he vaguely addressed the rape allegations in a GMA interview<\/a> where he stated, \u201cI can\u2019t speak\u201d) and never tweeting denials even close to what Luke has. Cosby\u2019s most recent tweet, from December 31<\/a>, is simply: \u201cFriends and fans, Thank You.\u201d However, his legal strategy is arguably much more questionable (and deplorable), with his team not only accusing his accusers of lying, but suing them in return.<\/p>\n\n\n\n

I don\u2019t agree that you accuse the accuser. That\u2019s not a smart way of creating public perception on your side. Cosby\u2019s choice and strategy, albeit from [Cosby\u2019s former lawyer] Marty Singer, has been to attack the women that have attacked him. In my mind, that\u2019s the dumbest thing you could do. Most of the time you\u2019re proving a negative: \u2018I didn\u2019t sexually assault her.\u2019 That\u2019s a hard negative to prove.<\/p>says Freedman.<\/cite><\/blockquote>\n\n\n\n

The chance of a celebrity\u2019s social activity having legal ramifications is inevitably higher, compared to that of the average user. 50 Cent saw how easily one post can backfire in real life, after he published a photo of stacks of money <\/a>on Instagram on February 23\u2014a judge ordered him back to bankruptcy court<\/a> days later (50 initially filed for bankruptcy in July 2015). The judge told 50 Cent\u2019s lawyer James Berman, \u201cI\u2019m concerned about allegations of nondisclosure or a lack of transparency in the case,\u201d alluding to the fact that 50’s social media boasting suggests he\u2019s being dishonest in court about his finances. In fact, 50 has been posting money photos (and videos<\/a>) on Instagram for months.<\/p>\n\n\n\n

The (pretty foolish) perception he\u2019s putting forth is that he\u2019sfooled the courts into thinking he\u2019s bankrupt, but still wants to show the public he\u2019s rich.<\/p>\n\n\n\n

Unfortunately for 50, social media posts can have a longer shelf life than traditional media coverage. <\/p>\n\n\n\n

The New York Times<\/em> is read by a number of people and then it\u2019s gone. Twitter, however, people retweet and resend the defamatory information. So there could be a situation where the readership of [a national publication]is much less than the reach of a famous person\u2019s Twitter. When we start to talk about damages, that becomes a big component.<\/p>says Freedman.<\/cite><\/blockquote>\n\n\n\n

Ultimately, going on social media about an ongoing legal issue is hardly worth the headache, says attorney Joy Butler, who doesn\u2019t litigate but does specialize in internet law (she\u2019s also the author ofThe Cyber Citizen\u2019s Guide Through the Legal Jungle: Internet Law for Your Professional Online Presence<\/em>).<\/p>\n\n\n\n

\u201cEven if a social media posting is not publicly accessible as most Twitter posts are, your online life can be subpoenaed,\u201d Butler wrote in an email. \u201cCertain laws offer protection, but there are ways around those laws if a court is convinced that the online information is relevant to the case. I advise my clients and readers to treat the Internet as though it has no delete button\u2014because it doesn\u2019t.\u201d She also\u2014offering unexpected context for Dr. Luke\u2019s still-standing tweets\u2014suggests not deleting inflammatory posts, because \u201csuch haphazard attempts to protect yourself might ultimately have a negative impact on your case.\u201d<\/p>\n\n\n\n

Another celebrity who found herself dealing with legal consequences from Twitter is Courtney Love, who in 2009 went on a rant <\/a>about fashion designer Dawn Simorangkir. In an unprecedented libel lawsuit, Simorangkir alleged that Love tweeted offensive statements (including one alluding to prostitution) after the pair stopped working together over payment issues. The rant ended up costing Courtney Love thousands of dollars<\/a>. <\/strong>Freedman won two defamation lawsuits against Love in 2015, while representing Simorangkir.<\/p>\n\n\n\n

(Ironically, this was after Love won the first known Twitter libel trial<\/a> in 2014 and was cleared for tweeting about her ex-attorney Rhonda Holmes, leading to pieces like Poynter\u2019s \u201cHow Courtney Love and U.S.\u2019s first Twitter libel trial could impact journalists\u201d<\/a> and Huffington Post\u2019s \u201cWhy Courtney Love\u2019s \u2018Twibel\u2019 Lawsuit Is Good for the Internet.\u201d<\/a>)<\/p>\n\n\n\n

ATTORNEY JOY BUTLER SUGGESTS NOT DELETING INFLAMMATORY POSTS. \u201cSUCH HAPHAZARD ATTEMPTS TO PROTECT YOURSELF MIGHT ULTIMATELY HAVE A NEGATIVE IMPACT ON YOUR CASE.\u201d<\/em><\/p><\/blockquote>\n\n\n\n

Love was forced to pay $430,000 and $350,000, respectively, just for tweeting about Simorangkir; Freedman also found her transparency during legal proceedings odd. <\/p>\n\n\n\n

Courtney Love was actually in a room during a mediation and she was tweeting out to the world what her lawyer was telling her was going on during the mediation. It was the most unbelievable thing I\u2019d ever seen in my life.<\/p>Freedman says<\/cite><\/blockquote>\n\n\n\n

Freedman, for the record, errs on the side of (almost) never tweeting. <\/p>\n\n\n\n

I\u2019m very careful about what I tell my clients to tweet and not to tweet. And that if they\u2019re going to put something on Twitter, they make sure that it\u2019s opinion, not fact. So don\u2019t say, \u2018She\u2019s a thief who\u2019s been in jail.\u2019 Say, \u2018I think people like this seem like the type of people that are not honest.\u2019<\/p>Bryan Freedman<\/cite><\/blockquote>\n\n\n\n

In less serious cases, tweetsor other social media proclamations can merely serve as proof of an agreement. Moo references producer Ryan Leslie, who announced a $1 million reward via YouTubefor a stolen backpack\/laptop and then refused once the laptop was found. Leslie was later legally ordered to pay up<\/a>. \u201cI tell people to exercise common sense,\u201d says Moo. \u201cPeople think Twitter doesn\u2019t matter, but in terms of establishing a contract or responsibilities, you can be held accountable.\u201d<\/p>\n\n\n\n

Whether Luke\u2019s tweets are more or less spontaneous than 50 Cent\u2019s Instagram posts, they could be just as harmful. \u201cIn any kind of social media posting, your Twitter followers are not the ones who are going to decide your fate. It\u2019s a judge and a jury,\u201d says Davis. \u201cYou\u2019re potentially creating evidence that can be brought back to undercut whatever claims you\u2019re trying to make in court. Best case, it has no effect whatsoever. Worst case, it is something that could be used to cross examine you.\u201d<\/p>\n\n\n\n

A celebrity doesn\u2019t even have to directly reference their legal case for there to be reasonable doubt about their social media use. Pharma sleaze Martin Shkreli, who\u2019s facing charges of securities fraud, is emboldened enough to regularly live-stream his daily life<\/a> and mundane activities, potentially giving his opposition hundreds of hours of video evidence in what feels like a perplexing attempt to live up to his slime ball persona. For lawyers, something so seemingly innocuous is still \u201cill-advised,\u201d notes Davis.<\/p>\n\n\n\n

\u201cIf people in a potential jury pool say, \u2018Oh yeah I\u2019ve seen those videos and that guy\u2019s a jerk,\u2019 they\u2019re gonna get disqualified from serving on the jury so maybe [someone like Shkreli] thinks, well, I\u2019ll poison the entire jury pool. I don\u2019t know,\u201d she says. \u201cIt\u2019s just never a good idea. And people that do that typically think they\u2019re the smartest person on their team. Even if they\u2019re really, really smart people, they don\u2019t have the objectivity of the professionals that are working for them.\u201d<\/p>\n\n\n\n

Legally and socially speaking, the best recourse is to never tweet.<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

In October 2014, Kesha filed a lawsuit against producer Dr. Luke, accusing him of sexual assault and battery, sexual harassment, and emotional distress, among other allegations. For over a year, Luke remained publicly silent about the suit, letting his legal team serve as his mouthpiece, while filing his own countersuit alleging extortion. 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