Another Tuesday, another legal crash course from your favorite internet lawyer.

Let’s talk about your online life.

Because even if your account is private and your story disappears in 24 hours, the legal consequences don’t.

Whether it’s a trash-talking DM, a viral TikTok, or a wild group chat, there’s a line between “freedom of speech” and “you might need a lawyer.”

Here’s what we’re covering today:

• What can actually get you sued or charged

• What’s protected under free speech (and what’s not)

• How to post smarter without posting scared

Let’s get into it.

What you can’t post (even it it’s “just a joke”)

Let’s clear something up: the First Amendment protects your speech from government censorship, not real-world consequences.

That means the government can’t arrest you just for saying something controversial. But private platforms can boot you and employers might fire you (of course, legal disclaimer: laws vary by state and job type).

And yes, in some cases, you can be sued or even charged with a crime.

Here’s what to watch for:

1. Defamation

Making a false statement that hurts someone’s reputation can be defamation, even in a comment or caption.

Legally, defamation requires:

• A false statement of fact

• About a real person

• That hurts their rep (especially if it costs them money or opportunities)

Saying “in my opinion” isn’t a magic shield. If it implies a false fact ("In my opinion, he’s a criminal"), you could still be on the hook.

2. Threats

You can’t threaten violence, even if you claim it was a joke. That includes:

• DMs or texts that imply harm

• Content that names a target and imply danger

• Memes that depict violence directed at a specific person

If the threat seems credible and serious, intent doesn’t always matter. It could lead to criminal charges.

3. Distributing someone’s “intimate content” without permission

Posting (or even sharing) explicit photos or videos of someone without their permission is a crime in many states.

Doesn’t matter if they sent it to you. Doesn’t matter if you crop out their face.

In most cases, it’s illegal. Full stop.

4. Harassment or Doxxing

Targeted online behavior can turn into legal harassment, especially when it crosses certain lines.

That can include:

• Repeated contact after being told to stop

• Posting someone’s phone number, home address, or other private details (aka doxxing)

• Coordinating or encouraging others to do the same

One angry post? Probably not harassment.

But if it’s repeated, threatening, or involves personal info, you could end up facing a lawsuit or restraining order. And yes, online behavior is still real world behavior in the eyes of the law.

Legal Notepad

Good question. Here’s the deal:

• You have the right to speak

• You do not have the right to avoid consequences from that speech

The First Amendment protects you from government censorship, not private consequences.

It does not stop employers from firing you or platforms from banning you

That’s not cancel culture. That’s how the law works.

Can You Be Sued for a Meme?

If it’s defamation, public figures have to prove actual malice, meaning you knew it was false or didn’t care.

But for private individuals, the bar is lower. And if they’ve got screenshots, that joke could turn into a lawsuit.

You don’t have to post scared, just post smart.

Ask yourself:

• Is it false?

• Is it threatening?

• Is it violating someone’s privacy?

Until next Tuesday, this case is closed.