Tag Archives: Voting

So You Want To See A Social Media Law Final? (2016 Edition)

Hamilton-Poster

Cower before my mad shop skillz.

Another year in my Law & Social Media class is in the books at the University of Texas School of Law.  Having just submitted my grades today, I’m now pleased to share with you this year’s final exam.  I had to look around for the right inspiration for this year’s final, only to realize it’s been staring at me for over 15 months.  Let me know in the comments what you think, or what issues you spotted in the final exam.

And now, the final exam:

QUESTION ONE

Your dream has come true. Not only have you passed the Bar but you have landed a job with famed Broadway production company Eat The Cheesecake! (ETC). ETC is getting ready to launch a new hip-hop musical about a little known figure from American history: President James A. Garfield. Garfield: An American Musical has been anticipated by theater goers and critics alike for months. The cast has been intensely rehearsing and they are quickly approaching the first few performances.

Although the musical theater crowd all knows about Garfield, ETC management is concerned that few people generally know about President Garfield. The original poster for the production, a picture of the actual President Garfield, tested poorly with focus groups because nobody recognized the photo. To develop a poster that would appeal to more people, ETC launched a pair of contests to come up with a new, consumer friendly mascot that could be the marketing face of the musical. They launched these contests one month before they hired you and they are now about to close.

The first contest allowed individuals to upload an image of the proposed new mascot. The second contest allowed individuals to submit names for the mascot. The online crowd quickly responded with thousands of entries. Unfortunately, despite the high volume, more than 99% of entries in the first contest consisted of a well-known cartoon cat by the name of Garfield. While over 99% of the entries for the second contest all named the new mascot “Garfield McGarfieldface.”

ETC doesn’t want to use these images or name and want to know their options. They eagerly point out to you that, really, they can do whatever they want because it won’t break the rules–they didn’t post any rules for the contests. They just said the winning entries would get a pair of tickets to the show every week for a year (a prize with an approximate retail value of $15,000). ETC would like you to brief them on what their options are for moving forward with the contests and, if they want to run any more contests in the future, what they should keep in mind when creating new promotions.

QUESTION TWO

ETC firmly believes that if they can just get people to hear about some of the exciting aspects of President Garfield’s life then everyone will want to buy tickets to their new musical. To get that message to the masses, their head of Marketing has decided to create a program called Garfield Lovers And Supporters And Generally Nice Announcers (LASAGNA).

Participants in this program would be selected based on their sizable social media following. They would then be invited to a special performance of the musical and they would all leave the show with a collection of pictures and interesting facts about the cast and crew. Program participants would then be instructed to post about the show on social media. For every post LASAGNA members make on social media platforms, ETC will pay the author $10. If the post receives over a thousand interactions (comments, shares, or simple interactions such as Likes) then the author will receive a bonus $20 in celebration of President Garfield being the 20th President of the United States.

ETC has already identified 200 potential influencers for this program–one for every day President Garfield was in office. The only requirement they want to impose upon the participants is that every post needs to have a link to a website where people can buy tickets to the musical.

The head of Marketing would like to know if there are any potential legal concerns over the Garfield LASAGNA program and, if so, how they could be corrected.

QUESTION THREE

Based on your advice with both the contests and the LASAGNA program, Garfield has now been open for a month and the crowds love it. Ticket prices have soared, the cast are swarmed every time they visit a convenience store, and you are officially sold out for the next six months.

One downside to the sudden popularity of the show is the amount of pirated material that is showing up online (YouTube, Facebook, and Instagram mostly). Audience members have been recording some of the songs from Garfield such as “Rosencrans’ Right-Hand Man,” “The Election of 1880,” and “I’ve Been Shot!” While ETC loves their fans’ enthusiasm, the online videos are grainy, shaky, and with horrible audio quality typical of a pirated video from a smartphone. ETC is afraid people might see these videos and think badly of the show.

The cast is also unhappy at seeing so many phones being used during the show and would like for something to be done about it. But the cast is also loving the attention from their fans. One of the stars of the show, Keslie Otum Sr., has said that he would like to schedule some live streams from behind the scenes using Periscope. The live streams would mostly be about hidden details from the show that audience members can’t see, but he’d also like to stream what the cast does backstage when the show is being performed—especially their now nightly ritual of everyone getting together right before the show and singing an inspired cover of “Baby Got Back.”

ETC would like you to let them know what their options are concerning the videos being posted online by audience members and what they should tell Keslie about his live streaming idea.

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How Social Media Helps And Hurts Elections

Tablets in 2000 had a passable Notes app, but Angry Birds was horrible.

Election nights are always fascinating to me.  Not only do you have candidates and issues but you also have analysis from across the spectrum and a wealth of different technologies to show you the results.  12 years ago the country watched while Tim Russert used an early tablet device known as a whiteboard to show the country how the entire election hinged on the outcome of Florida (a lesson we would continue to learn for weeks after).  Last night we had networks using giant interactive maps sketching out potential scenarios, zooming in on specific counties and comparing their results with previous elections.

Now that social media has reached a level of commonplace acceptance (we’ll talk about that in a future post) I found it fascinating to see how it became part of the election night process.  We were connected with our favorite reporters or candidates or analysts and could instantly see what they had to say throughout the night.  No more just waiting on a particular channel until they came back on or flipping between channels to find them.  And we could interact with our friends and colleagues around the world whether they agreed or disagreed with our political views.

Personally, I was able to participate in a group chat with ten friends whom I frequently email.  In the interests of being a bit more interactive we ended up on a giant Facebook chat session and over the night sent over 1,000 messages back and forth.  We had participants on both coasts, people in the middle of the country, even one Chicago resident who happened to be in Australia.  It was an amazing feeling to have these conversations as the night progressed and more than once I was thankful for what social media has done to connect people.

But as we’ve seen with so many issues, social media can have benefits and drawbacks.  Let’s be positive and start with the benefits. Beyond connecting people and providing a forum for discussion, social media is fast and widespread–two fantastic qualities for something so time sensitive as a day to conduct nationwide voting.  Some states in the Hurricane Sandy-ravaged northeast passed emergency laws that allowed residents to vote in any polling location given the difficulty in traveling.

Multiple polling location voting is also something that was available for the first Presidential election in my own, non-hurricane ravaged Travis County in central Texas.  Austin residents could vote in any polling location.  That’s a great thing provided you have access to a Twitter feed or connected account that would tell you while the line at a grocery store is 1.5 hours long there’s a polling location two miles away with nobody in line.  I expect that by the next election we’ll see a collection of apps or message networks that can better alert voters of potential lines and advise them where to go.  I also hope that trend of allowing people to vote in different locations continues.  That’s a great benefit social media can bring to the current election process.

There is, however, a dark side to social media and elections.  Social media has flooded us with opportunities to share content with our friends and community.  Status updates, locations, photos, videos, badges–these are a part of our lives and we want and, to some degree, expect to be able to share the content we choose with the audience we choose.  So we grow concerned or upset when we hear stories about how smartphones are not allowed at some state’s polling places.

The Citizen Media Law Project has a great table summarizing the various state laws on recording devices in polling places–whether the devices are allowed, whether there is a statement on their use, and whether you can record your own vote.  There is certainly an innocent side of taking pictures at a polling place.  Pictures of people voting for the first time.  Pictures of people proud to support their candidate.  Funny pictures of people dressed up like Big Bird in line to vote (because that’s how we roll in Austin).

But there’s also a dark side to pictures in polling places.  Like stories of employers who threaten employees with termination unless they take a picture of their ballot showing they voted for a particular candidate.  Or organized efforts to force proof of votes through threat of violence or rewarding with payment.  The risk of ballot recording can be determined by each state but it is something to keep in mind–my last post was about how social media has broken anonymity, a valuable commodity.  Certainly, anonymity for a ballot is an important value to protect and if it means we lose some funny filtered Instagram pics of a ballot as a trade-off then I hope most people will be okay with that.

However, elections are getting more complicated and now many voters do their research on their phones.  Possibly while in a long line waiting to vote.  Walking into a polling place and then being told you can’t use your phone can cause a bit of a panic if you’re struggling to remember dozens of propositions or ballot initiatives or local candidates.  You should be able to record your notes onto paper and then vote, if that’s an issue.  Still, that’s remarkably inefficient and something that social/mobility should be able to address.  I’m also hopeful the problem of recording via smartphone can be solved while allowing people to use their phones for appropriate items like accessing notes, but it is a tricky balancing act.

And then there’s the biggest issue of them all–why can’t we vote using our smartphones?  Not exclusively, of course.  There should still be polling places and absentee ballots and other measures.  But with the rise of smartphones across the country, shouldn’t we be able to use them to vote?  That may seem difficult or outlandish, but wouldn’t we have thought the same thing a few years ago about depositing a check with a phone (now many banks support this by taking a picture of the check)?  Or paying bills with your phone (even more banks support this, heck even Starbucks lets you do it)?  Or signing contracts (you can e-sign contracts on your phone now, even complex contracts like real estate closings)?  Those are activities that many years ago we couldn’t have predicted could be done with a phone, yet they are now commonplace.  Why not voting?

When you see video footage of people waiting in lines for hours to exercise their most fundamental of rights I would think everyone can agree that we should have a better solution.  Granted, many people were concerned about e-voting machines and you still see the random stories of glitches and rogue software so there’s sure to be some pushback on the idea of using your phone to vote.  But we’re fooling ourselves if we thought paper ballots were always secure–phones should be more secure than previous systems we relied upon for decades if not longer.  And there would always be other options.

Social media is about conversations and speech.  Voting is the ultimate realization of free speech.  Shouldn’t social media and the mobile technology wave be able to help bring voting into the 21st century?  It’s an idea worth pursuing and we’ve got a little under 4 years to work on it.

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