Harvard University dismissed ten freshmen because of inappropriate remarks posted on social media. Where is the boundary of social media freedom of expression?

A few days ago “Harvard University Newspaper” reported a news that has aroused the concern of a large number of US media and Chinese Internet users: 10 2021 newborn, because in the small group of Facebook share ridiculed victims of sexual assault, the Holocaust , The expression of the children’s package was dismissed. China’s title party quickly made a fuss about the #news dismissed by Harvard as a result of an expression package.

Harvard University said the revocation of student admissions is the final decision. Mark Zuckerberg, the founder of Facebook two weeks ago, just arrived at the Harvard graduation ceremony (see above), is not it to face social media?

American media interviewed law professors at Columbia University and New York University. They all agreed that freshmen are not protected by the constitutional amendment and have no freedom of speech. Susan Bloch, a professor of constitutional law at Georgetown University Law Center, said: “The Constitution really does not apply here … The constitution limits the government’s power to suppress speech, not private universities.”

Only Alan Reichaowitz, a retired professor of law at Harvard Law School, disagreed. Dewasowitz himself, a Jewish man, was once famous for his successful defense of the 1994 hit star Simpson’s assassination. Although he himself did not see these fugitive postings himself, “it sounds like Harvard University is invading the private life of students,” arguing that withdrawing the admission permits would have done a very bad precedent: “Political views punishing students in an academic setting or Personal values ​​are a serious mistake that does not conform to the spirit of the First Amendment to the U.S. Constitution … It may affect the lives of these students. ”

lifetime! Just for posting on a few social media!

It is conceivable that in the same week as the national college entrance examination in China, this news with Harvard and the aura of “freedom of speech” promptly prompts Chinese netizens to question whether Harvard stifled the freedom of speech of social media.

Actually, the right of freedom of speech advocated by the First Amendment of the United States Constitution has always been restricted by content, occasion and other factors. Pornography, incitement to violence, and hatred are often not within the scope of protection. The so-called “free speech” (Free Speech) is not “free”!

The Chinese concern about this incident is probably partly due to the illusion of efforts to “freedom of speech” in the United States. In fact, in the field of social media, the legitimacy of speech is not necessarily the most important consideration. I think the core of the Harvard incident is not really a question of the freedom of speech of the freshmen, but the question of “judgment” and “character” displayed by these freshmen!
In my article “How many years can I still be admitted to Yale?”, I wrote in recent years that AmericanUniversity encouraged students to use social media to express themselves when submitting application documents. However, at the same time, social media records have also become students in school visits data of.

Students who grew up with social media often forget that social media is a personal repository open to the world and that the files are conveniently becoming the quality or behavior of government, business, school examiners as the software for machine analysis becomes more widely available Tool of!

The improvisational nature of social media makes it easy to lose heart. However, speak for a price!

The offensive, private online content of students has become a concern for many schools to stop school crime. Last year, Harvard canceled the season for the Harvard Men’s Soccer team because the players collected facebook and internet photos of the freshmen’s women’s football team and rated them according to their values.

Recently, the Trump administration has just announced that it has launched a new questionnaire for U.S. visa applicants, including the names of social media users for the last five years. Although the main aim is to fight terrorists, in recent years, U.S. immigration authorities have used social media to detect foreigners’ “unlawful acts.”

However, the habit of Chinese WeChat to leave the body has long been the consensus reached by Western media. Therefore, when a Chinese student studying abroad in the United States entered the United States in March, the customs saw her chatting in WeChat six months ago and disclosed to her Do not like this school, just temporary identity, “was interrogated more than three hours later, was immediately repatriated to China. This means that language barriers are no longer preventing regulators from detecting cross-border social media content.

National conditions determine the penetration of social media

From the average figure, the use of social media in China is less than the United States penetration. According to Statista’s January data, average social media penetration in China is 57% of the population, compared with 66% in the United States.

However, from my personal experience, the differences in this data may reflect the population base in China and the base of sample surveys, failing to summarize the geographical differences in China. Basically, I think at least in big cities, Chinese people use social media more frequently and more often than Americans I know.

This may be related to the fact that I once worked as a lawyer on Wall Street, as a lawyer in the financial community around me, and few would spend time playing social media. Social media has always been a mined minefield in any area that is associated with the US stock market, as accidental disclosure may have violated corporate secrecy or the SEC’s disclosure rules.

For example, I used to engage in a lot of hundreds of millions of large company mergers and acquisitions, the most taboo is insider trading and pre-M & A stock price volatility. Not only in all the documents, the participants are replaced by the password code, and sometimes in order to avoid the eyes, both sides of the high-level will choose to meet at third-party venues. Once I participated in the project or even sounded attacked west, mobilized a dozen high-level, investment bankers and lawyers, camp to Mexico negotiations.

From this perspective, if a team member posting on social media, revealing their whereabouts, well-intentioned people can follow it, find some clues.

Also, the vast majority of U.S. financial scandals have been exposed by e-mail as evidence. If the e-mail with privacy has such a lethal, let alone social media?

To some extent, the leapfrog digital age that China has entered directly has its own cultural differences. Feeling that many young friends may feel more open about the “new voice of voice” brought about by social media.
According to data released by Kantar in February 2016; 62% of U.S. adults use Facebook, Twitter or both, and 56% of Chinese adults use Weibo, WeChat, or both. The percentage of women and men who use social media is 67% to 56% in the United States and 58% to 54% in China.

While US social media usage penetration is slightly higher than in China, Chinese users spend more time: Americans spend an average of 43 minutes on Facebook every day, while Chinese use an average of 48 minutes each day on WeChat. In addition, according to “Social Media Today” in 2014, 91% of Chinese Internet users have social media accounts, but only 67% of U.S. Internet users have social media accounts.

This is a bit of a synopsis with my understanding that there are many American business people who regularly use the Internet but are not necessarily social media.

Speaking of lawyers, investment banks and investment friends around me, few people have the time or energy to play personal social media, and their units have very limited restrictions in this respect. It can be said that from a professional point of view, the role of industry and individuals determine the tendencies to use social media in an individual way.

Social media can be a very informative tool for industries that need to be open to the public, such as fashion, entertainment, retail and the media, but even in these industries there is a very clear picture of what individuals and businesses represent.
Before hiring a staff member, I would have to have the team first search their account on the social media site, and almost half of them had a bad situation. One time I saw a soliciting worker who made several “curse sentences” in the Weibo account for more than 40 words. what’s the situation? This not only shows the poster who has a very bad judgment, but also make people think: What kind of person is this? Actually spend so much effort to write so many bad language, her negative energy is not too high? Such abuse of language violence is not suitable as a media editor.

I’m obviously not a minority: According to Snelling.com, a leader in the U.S. employment industry, 86% of employers search for social networks before offering interviews.

Even after hiring an employee, I repeatedly observe their social media operations, except repeatedly reminding them. Once, on the first day of work, a young buddies immediately sunbaked her photos on her face at her desk. Of course I understand how beautiful and worthwhile it is for a college graduate to work for a “long face” company in a New York skyscraper!

The problem is that her computer screen is precisely the turnover of our major advertisers, and other confidential information!

Another time, we just delineated a celebrity as the cover of the magazine, caught off guard, a small partner on the “pop” – the photo of the star on the microblogging made, also wrote a few words: “The next cover figure!”
The problem is that this matter has not yet been completely settled, if once changed, it lost its trust to the reader; if seen by competitors, may take the opportunity to stir up trouble. All work information is confidential, and the confidential world does not belong to social media.

“Quickly delete it!” If you often hear these words in the office, it means that there must be “Employee Social Media Manual,” which is an essential internal management tool for US companies in recent years.

The use of social media obviously varies with national conditions and may be slightly different from the research data. According to Microsoft’s January 2015 report on the analysis of the world’s social media usage, the fact that social media and the Internet represent different values ​​for different people around the world means that differences in geographic location and social status also affect different populations Different influences of social media and technology.

The analysis also pointed out that 60% of respondents in developing countries think personal application technology and social media have promoted interpersonal relationships, but only 36% of respondents in the West think that social media improves people and people The connection between. And social media is a channel that people in developing countries use to get news, changing how users live and understand the surrounding community.

The latest Kant’s China Social Media Impact Report released on June 6 this year shows that users have an impact index of 79.8 on social media, and 70% of people think social media has a positive impact on their lives: Knowing what their friends are doing, 69% think social media helps them to know hot news stories and 61% think they are expanding their knowledge level.

At the same time, users in China also reflected the harmful effects of social media: 48% of respondents think social media has reduced the time spent reading books, 48% think their eyes have gone bad, and 42% think they have insufficient sleep!

American big coffee CEO does not like to play social media

By contrast, according to research released by the Pew Research Center in May 2016, 62% of American adults used to receive news on social media, and 18% of them regularly get news. Although this figure continues to increase, but does not seem high in China.

Although the penetration rate of social media usage in the United States is not low, it is not popular at the top of the business. In fact, in the U.S. business and political leaders, Trump is regarded as an alien. Although many social media communicators have called on CEOs to increase their use of social media, they have not changed much since 2015.

According to CEO.com’s CEO Social Report 2016, released on May 30, this year, Facebook, Twitter, LinkedIn, Google +, Instagram and YouTube are the most commonly used social media platforms for Americans. The use of social media by The Fortune 500 CEOs is the result of:

Sixty percent of Fortune 500 CEOs do not have any social media accounts, slightly less than 61% in 2015.
In 2016, 75 CEOs changed on the Fortune 500 list, of whom only 29 new CEOs actively used social media.

26% of the 500 CEOs have a social media account, 11% have 2 social media accounts, 2% have 3 social media accounts, 1% have 4 social media accounts, and only one has 5 accounts .

LinkedIn is still the preferred CEO, followed by Twitter.

Satya Nadella, CEO of Microsoft, Mark Benioff of Salesforce.com and Mary Bora of General Motors have published an article on Pulse, the news-reading application launched by LinkedIn.

Apple’s CEO Tim Cook has the largest number of Twitter followers: close to 4 million at the end of 2016 and currently (just checked) 5 million. Buffett has 1280000 Twitter fans so far, although made only 9 push posts, his post forwarding rate is the highest.

Only 36 of the Fortune 500 CEOs used Twitter in 2016 (down from 50 in 2015), of which only 25 were active accounts.

Instagram, the largest social networking Facebook and affiliate Instagram, has very few Fortune 500 CEO users. Only 40 (about 8%) of the Fortune 500 CEOs have a personal Facebook page, 32 of which are inactive in the last quarter of 2016. The average Fortune 500 CEO who uses Facebook has only a few hundred followers.

This shows that Facebook’s position in the office of the president of the United States, more and more marginalized. Of course, the obvious exception is Facebook’s founder Mark Zuckerberg, whose Facebook account has 78 million followers.

These data show that U.S. CEOs setting up their social media accounts essentially use them as a tool of occupation, which also explains why they prefer to use LinkedIn and Twitter as the platform for these two partial text attributes is more suitable for promoting commercial areas Contacts and resources, but also suitable to promote product philosophy. In contrast, Facebook and Instagram, which favor bi-directional image and video sharing, are perfect for totally private interaction.

And CEOs do not have time to indulge in totally private interactions. The professional investors and investors I want to invest in their company’s stock do not want to see them photographing or brushing Facebook all day long. I think that virtually, this also has the “up and down effect” indicator.

In the United States, the willingness, frequency, and channel of use of social media channels are obviously industry-specific: top tech, retail, media and entertainment executives are the most enthusiastic about the use of social media while executives in energy and air travel are least likely to active.

Of course, scenes sometimes make people forget their professional identity: The Oscars’ award-winning Big Oolong this year was due to the fact that the PwC staff in charge of counting votes at the awards ceremony Play tweets, in the moment before the best video awarding is still post-photo Emma Stone, so will not go wrong. According to reports, PwC asked in advance to retain the winning list of two accountants, at the awards ceremony may not use social media. The accidental accountant has since insulated from the client account of the Oscars!

My experience on Wall Street and my friends in the financial world have observed that for highly regulated industries such as finance, money management, insurance, pharmaceuticals, healthcare, and social media, there may be a law minefield. Goldman Sachs carefully controls all social media activities and must document and archive every official post, tweet, check-in and business-related “pranks.” The company must even be responsible for the employee’s iPhone, post office hours and post-office tweets, even though like-innocence actions like clicking on a Facebook-per-click post may also result in SEC regulation.

But the hurdles are not limited to “highly regulated” areas, with Jean Murphy, the former chief financial officer of clothing retailer Francesca, behind the board issuing a seemingly innocuous tweet from his private account: Board of Directors. Good Performance Number = Happy Board. ”

The problem is that the official earnings have not been released to all investors, so 238 Twitter followers from Murphy got “insider information” and violated one of the SEC’s big bans. Shortly thereafter, he was fired on charges of “improper information dissemination of company through social media!”

In addition, the irony is that while we sing the importance of personal privacy, we often forget that social media often conflicts with personal privacy. Even in the media world, I often remind working partners that social media is like a tail that has been specially made for stuffing, and if you want to let your boss know that you are having a cell phone during business hours or living up to the erosion of working hours, Sun drying.

In general, having a cow personal social media account may not add enough to your boss’s eyes unless you are solely responsible for the company’s social media. But under the same circumstances, sometimes the boss may ask, why do you have time to go to work for your time up for popularity, but there is no way to complete your task?

So I think the reason why the CEO of the Fortune 500 in the United States does not play personal social media is that although there are some intergenerational and senior factors not because they are lazy or can not afford to help people manage them, The trade-off between the interests, made some practical choice Bale.

Any social media postings and pictures, expression packs, tucao, funny, may become evidence to allow outsiders to judge. So I think whether it is college students, or CEO, the first civilized social media guidelines, just before the launch of any content press the release button to stop, ask yourself, apply the title of social media etiquette expert Gore Hande “Are you sure you want to post?”