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ARTICLE · 24 FEBRUARY 2012

A Picture Speaks A Thousand Words

How many times do you find yourself at a party ducking a smartphone camera held up to snap a picture of you, afraid of being forever linked to the latest viral YouTube sensation?

United StatesEmployment and HR

How many times do you find yourself at a party ducking a smartphone camera held up to snap a picture of you, afraid of being forever linked to the latest viral YouTube sensation?   How often do you say to some camera-wielding person, "Ok, take the picture, but don't tag me"? We say that social media is everywhere. Well, cameras are, perhaps, even more ubiquitous.

A Minnesota court decision issued last week shows the emotional (even if slightly humorous) angle to the issue, but also reminds us of an important employment law takeaway. In Olson v. LaBrie, Case Number A11-558 (Minn. Ct. of App. 2012), the plaintiff filed a petition seeking a "harassment restraining order" against his uncle for posting certain old family photos with accompanying text on Facebook. It seems that plaintiff was particularly offended by pictures of him as a child "posing in front of a Christmas tree," and what plaintiff perceived to be "hostile" language against him.

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