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May 2012 Archives

The Pledge

There has been a lot written and said recently about the Pledge of Allegiance. It's interesting to note that a history of the Pledge of Allegiance was written by Dr. John W. Baer in a 1992 article. Francis Bellamy (1855-1931) was a Baptist Minister and he wrote the original Pledge in August of 1892. Bellamy was a Christian Socialist. He indicated in his Pledge that he was expressing the ideas of his first cousin, Edward Bellamy, who authored several American socialists utopian novels. Because Bellamy was a socialist and preached socialist ideas, he was pressured into leaving the Baptist Church in Boston. Bellamy was also the chairman of a committee of state superintendents of education in the National Education Association. As chairman, he prepared for a program celebrating the Quadricentennial Celebration of Columbus Day in 1892. 

Social Media and Litigation

Today, most everyone is familiar with Facebook, blogging, Twitter and other social media. People post information on Facebook pages and other social media millions of times every day, and the question becomes, especially if they arc involved in litigation, can that information hurt their case and he used against them? The courts who have faced that question have stated that there is no "general privacy privilege for Facebook information, therefore statements before a lawsuit is filed, an example of which may be statements made to an insurance adjuster, or sworn testimony such as answers to written questions or answers given to questions posed at a deposition, that contradicts statements made on social media can certainly be used in the law suit. In fact, Facebook has a long-standing motto, which reads, "Facebook helps you connect and share with people in your life." Further, Facebook has an on site policy regarding its duty to respond to legal requests! 

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Davis & Davis Attorneys at Law

Davis & Davis Attorneys At Law