Dancing Around Landmines: Blogs and Other Communication Tools Aren’t Risk-Free

While there is a good reason we have a democratic legal system with corresponding laws that help guide societal behavior (the always debatable issue being, of course, to what degree the legal system impacts individual and societal rights), it’s bothersome when the law gets in the way and isn’t as progressive as perhaps it should be. 

Case in point is an ABA eReport article that discusses a New York State proposal that would designate legal blogs as advertising, thus subjecting them to state scrutiny and regulation:

“The storm was set off by a proposal that ‘computer-accessed communications’ such as blogs be included in New York’s definition of legal advertising, and therefore require state scrutiny. The proposal, by a committee created by the state’s Administrative Board of Courts, also suggests the state code of professional responsibility extend court jurisdiction to out-of-state legal advertising that appears in New York….

And if blog posts must be approved, what’s the point? ‘This seems to be another in a series of recent regulatory efforts by state bar regulators that seem woefully out of touch with the Internet era,’ wrote Dennis Kennedy, a St. Louis lawyer who posts at Between Lawyers.” [Read Kennedy’s post If Lawyers Can Advertise in New York, They Can Advertise Anywhere…But They Probably Can’t.]

Equally bothersome, however, is when individuals expose themselves to legal liability by doing something that appears to be intentionally stupid. I’m referring to examples provided in the USA Today article Courts are asked to crack down on bloggers, websites, such as posting false STD information about someone on Don’tDateHimGirl.com or setting up a fake MySpace.com page that contains obscene content. Not very smart — and that’s an understatement.

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