What Every Blogger Should Know About Their Rights
Hey, folks. I’ve decided to kick it old school and do a Public Service Announcement. (Remember those?) “What,” you might ask, “is the topic?” Well, today’s PSA is about blogging. Specifically: What Every Blogger Should Know About Their Rights. Why this topic?
It’s not every day that someone emails me to suggest that I get a lawyer; however, such was the case last week. I wondered: am I being threatened with legal action? Needless to say, I was surprised and distressed. And, although I’m not going to blog about the specifics of that email, I do want to channel the time and energy that I spent obtaining legal consultation into something positive for any reader who might one day find themselves in a similar situation. I figure: if I can be threatened with legal action, any blogger can. Even, for example, you. (In fact, threatening bloggers with lawsuits seems to be somewhat of a disturbing trend.) Luckily, free speech is of one of the bedrocks of a free democracy. So, here are three things that every blogger should know about their rights, free speech and the law:
1. Know Your Rights
If you blog and you’re not familiar with the Electronic Frontier Foundation, you should be. This organization protects bloggers from frivolous or abusive lawsuits and threats. Check out their extensive legal guide for bloggers. Also, in addition to keeping up with and supporting EFF, be aware of current federal law that protects you. For example, Section 230 states that “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Basically, if you write “Britany Spears is goofy” in the comment section on my blog, Britany Spears can’t sue me for your comment. And, for the record, she certainly can’t sue you either. It’s a free country.
2. Know People Who Will Defend Your Rights for You
Contrary to popular belief, not all lawyers are money-grubbing whores. Many of them practice law because they have a deep appreciation for individual rights and an appetite for going to battle to defend them — even if it requires that they represent you pro bono. EFF, the ACLU or your state’s Bar Association may be able to refer you to a lawyer who specializes in digital rights and computer law.
3. Know The Funky Brown Chick
Um, yeah. Okay, so, I must admit that this last point isn’t really going to help you that much. As I’ve said before, I’m just a just a goofball with a computer, a blog, and two fingers that know how to type. I’m not a lawyer. So, don’t take the things that I’ve written here as a substitute for legal advice. If someone brings legal action against you, contact a professional.
April 20th, 2007 at 7:05 am
Wooohoo FBC for lawyer. Now I got my own personal inet lawyer, damn im lucky. hehe ;)
April 20th, 2007 at 9:13 am
Okay, so let me say I’m REALLY sorry you had to spend the time to find leagal counsel. Thanks for the links and I hope that you (and the rest of us) never need them again.
April 20th, 2007 at 3:12 pm
I LOVE that you posted about this! I think a lot of people try to use bully/scare tactics to get a blogger to do what they want, so bravo for standing up for your rights!
April 20th, 2007 at 9:22 pm
It’s usually unwise to legally harass a blogger, especially if it’s an attempt to silence, since bloggers can go public in such effective ways. Hang in there.
If anyone tries to sue me,
I’ll tell them I know the FBC.
April 22nd, 2007 at 10:49 pm
Papigiulio: You’re funny. :-)
MamaChristy: No prob; you’re welcome for the links.
Donna: THANKS! :)
John Enright: That’s sooo true. In general, attempts to silence bloggers usually backfire. Best story ever? That guy Phil–the blogger who threw the Nokia party earlier this year. Okay, so, here’s what happened … this random guy threatens Phil with a lawsuit. Phil calls his bluff, publishes the whole account on his blog and acquires legal representation. But, that’s not even the best part of the story. The best part is that Phil actually filed a complaint against the guy for threatening him. So, now the guy: (1) kinda made himself look like a jackass in public **and** (2) he has to pay Phil for damages.
April 23rd, 2007 at 12:31 pm
PHIL RULES!!
That is a perfect example of not taking someone’s bullying and standing up for your rights! Thanks for the links :) I wonder if all these lawsuit-happy people out there know they can always be counter-sued for damages…
April 23rd, 2007 at 9:31 pm
Phil’s a rockstar!
January 9th, 2010 at 1:33 pm
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