Should employers be permitted to require access to and control over employees’ social media account as a prerequisite of employment?

Issue “Should employers be permitted to require access to and control over employees’ social media account as a prerequisite of employment?

Suppose that the Supreme Court of the United States has decided to grant review of a case deciding the fate of the issue “should employers be permitted to require access to and control over employees’ social media account as a prerequisite of employment?” and they have called upon you as a subject matter expert to provide a comprehensive opinion on the matter.

Write a formal case-brief style paper that addresses the following components:

1. What’s the history of this issue in terms of the ways that American businesses have operated?
2. Have business operations changed overtime? Why?
3. What is the current legal authority (Statutes and or case law) on the issue and what does it require of businesses?
4. What are the different arguments on each side of the issue?
5. Which arguments are stronger and why?
6. What would be your recommendation to Supreme Court of the United States in terms of a ruling on this issue and why?
7. Are there any exceptions to your recommendation? For example, are there any employers or employees to which the ruling should not apply? or Industries that should be exempt? Why?
8. What is the anticipated future of this issue?
9. Does your recommendation raise additional questions that need to be addressed? If so, what are they?

The Issue

The use of social media is increasing in popularity and most people are active users of social networking sites such as Facebook, Instagram, LinkedIn, MySpace, Google+, SnapChat, Pinterest, Tumblr, WhatsApp, Yelp, and Twitter. Social networking sites enable people to share information, videos, and photographs; get news updates; and connect with friends within an online group. All the users have their own pages where they can post all kinds of information, including personal details such as their gender, age, residential location, and pastime activities. Once such information is posted online, it can be accessed by anyone, even though certain social networking sites allow users to protect it through privacy settings.

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