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Dep. AG's Firing Highlights Perils Of Social Media, Experts Say

Jeffery Cox Fired Over Twitter Comments

POSTED: 5:37 pm EST February 24, 2011
UPDATED: 8:05 pm EST February 24, 2011

The firing of an Indiana deputy attorney general over comments made via Twitter is bringing attention to the perils of social media.

Jeffery Cox was fired Wednesday after tweeting that police in Wisconsin should use live ammunition to deal with political protesters.

Editor's Note: Jeffery Cox is the son on 6News Reporter Norman Cox

Cox said he was unfairly fired because his personal account was used against him at work, 6News' Chance Walser reported.

Although Cox's comments were made through his personal Twitter account, Indianapolis Attorney Kenan Farrell said it doesn't make a difference.

"Employees have been getting fired since the beginning of employment for saying things that were against their companies' policies," said Farrell. "There's really no such thing as a personal Twitter account. It's personal in the sense that he went and signed up for it, it wasn't a work account, but every Twitter account by the very nature of it is a public account."

A graduate of Indiana University's law school, Farrell has been making a career of instructing people and other lawyers on issues surrounding social media.

Farrell said he sees many cases where people get fired for posting something on their Facebook or Twitter page that their boss doesn't like.

The employees usually rely on the the First Amendment, but depending on the post, Farrell said the First Amendment might not apply.

"Speech that incites imminent lawless action would not be protected by the first amendment," Farrell said.

Employees may also run into issues that may conflict with their company's social media policy. However, many companies don't have a policy, which leaves room for plenty of debate on what is acceptable.

"You're seeing more and more companies starting to draft these policies or revisiting the policies that are already in place because it's those policies that let an employee know what they can and cannot say," Farrell said.

Farrell also said that even though there is no formal social media policy in place at the attorney general's office, one is being developed.

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