The 140-Character Campaign: Regulating Social Media Usage in Campaign Advertising

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I. INTRODUCTION II. SOCIAL MEDIA BASICS A. FACEBOOK B. TWITTER III. STATE LAW A. NEW JERSEY B. NEW YORK C. CALIFORNIA D. MARYLAND E. FLORIDA IV. MODEL LEGISLATION V. CONCLUSION I. INTRODUCTION Over past decade social media has become an integral part of any major political campaign. Particularly, use of Facebook and appears to be a necessary component for a successful campaign. This trend began with President Barack Obama embracing use of social media during his first presidential campaign in 2008. (1) Four years later, as President Obama won a second term in office, two things became abundantly clear: 2012 presidential election had truly been Twitter Election, (2) and social media had forever changed political campaigns. This shift to social media was rather easy to predict. Candidates who failed to utilize social media services risked fading into obscurity. Considering the median age of a TV evening news viewer [is] approaching 63 years old, it is clear that social media is crucial to a candidate's campaign. (3) If a candidate wants to reach a larger, more diverse audience and, more importantly, have an influence on that audience, social media is becoming best, if not only, option. (4) The best utilization of social media in a political campaign is through advertising. While political world may be keeping up with social media, law is not. In United States, only two states have passed social media-specific laws outlining appropriate uses of social media in campaign advertising. (5) With social media becoming a campaign necessity, it is time for law to catch up. Consider Senator Cory Booker of Newark, New Jersey. (6) He is believed to run his own account and is largely first major politician to do so. (7) He does not back down from critics, either, addressing complaints and criticisms with well-crafted responses. (8) He even offers to give distressed followers his cell phone number so they can call him directly for advice. (9) Next, consider Anthony Weiner scandal. Weiner sent sexually inappropriate pictures to various women through that became public, causing him to resign his seat in House of Representatives. (10) Weiner and Booker represent different ends of social media spectrum for politicians, but Weiner scandal raises question of whether politicians should be on social media at all considering potential consequences. This Note begins with an examination of how social media functions. Special attention will be paid to and Facebook, platforms used to connect with most people. The basics of different services will be discussed, and major functions will be explained. This Note will then examine state law from New Jersey, New York, California, Florida, and Maryland. Florida and Maryland are only two states that have legislation specifically addressing social media and Internet advertising. What aspects of other states' laws make their application to social media problematic? What major questions are left unanswered, and how necessary are those answers in a digital world? The Florida and Maryland laws will be examined to answer questions posed in other states, but will these answers prove satisfactory? Having considered various provisions across United States, what is appropriate for public office campaigns throughout country? With a new generation of social media-savvy politicians just over horizon, progressive regulations for social media usage that leave room for further technological advancement should be implemented. This issue will be addressed with model legislation. Additionally, what needs to go into this legislation to make it work, and how can it be written to sustain ever-changing technological landscape? II. …