Blog:  Risks Abound in the Age of Cancel Culture

Internet Law

We have seen significantly increasing cases of reputational damage resulting from social media commentary or perceived inappropriate behavior in the workplace. The possibility of being canceled is something that everyone with a public presence must take seriously—and through social media at the least, most people do have a public presence. The damage occurs quickly, and it can last for years, with devastating financial and emotional impact.

Merriam-Webster noted the emerging use of the term “cancel culture” in a “Words We’re Watching” post back in 2019.  A New York Times podcast on The Daily is a great two-episode feature delving into “cancel culture.” (Covering numerous important instances of the phenomenon, The Daily offers a detailed and nuanced examination of its history and implications.)

As it has become so easy to place material about oneself or one’s view in the public square, there is a temptation to approach it more casually. We advise carefully considering all the potential ramifications of your actions and speech, including the impact and potential response from those beyond your own communities.  Racist, sexist or discriminatory statements are a clear red flag that often result in cancellation for businesses as well as individuals. Others include sharing sexually explicit material, which led to author and New Yorker writer Jeffrey Toobin being cancelled, and violent or potentially illegal acts or threats, as those who stormed the Capitol learned. Avoiding objectionable behaviors is of course critical, but we’d recommend being very cautious about commenting upon or associating oneself with controversial statements.

My article in Medium, What It Means to Be “Canceled,” sheds more light on this issue.