Social media is a rising trend, a declining trend, just another communication, the Wild West. Each of these statements may ring true, depending on the context. But there’s no doubt that nonprofits are using social media and many would benefit from more informed counsel and legal advice about crafting social media policies and appropriately managing risks. I recorded a continuing legal education (CLE) program on Nonprofits and Social Media for Clear Law Institute last Friday. Here is a rough outline of the major topics we covered, including some links to some resources I hope you’ll find helpful:

• Policies
  • Ownership of a social media account
  • Rules of use and enforcement
  • Privacy considerations
  • Safety
  • Intellectual property
    • Infringement
    • Copyright & fair use basics
    • Protection
• Other considerations
  • Fundraising
    • Multi-state registration / Charleston Principles
    • Crowdfunding
    • Authority and delegation
    • Professional/commercial fundraisers
    • Charitable trust / restricted fund issues
    • Substantiating charitable contributions (IRS)
    • Local events – responsibility, insurance
  • Digital Advocacy
    • General
    • Lobbying – substantiality limits, 501(h) expenditure test
    • Political activities – political campaign intervention, permissible activities
  • Defamation
    • Definition and exceptions
    • Examples
  • Employee issues / NLRA
    • Facebook firings
    • Overbroad employee policies
  • Crisis communications