On October 23rd, 2014, we updated our
By continuing to use LinkedIn’s SlideShare service, you agree to the revised terms, so please take a few minutes to review them.
“. . . if there is asubstantial likelihood thatit will lead a reasonableperson . . .”
“. . . to formulate aspecific conclusion aboutthe lawyer or the lawyersservices . . .”
“. . . for which there is noreasonable factualfoundation.”
Types of RPC Restrictions• Discussions of results obtained• Comparisons to other attorneys• Testimonials or client reviews• Superlatives (PA technically bars attorneys from labeling themselves as“experienced” or “competent”)• Statements that imply the ability to get results• “Real-time, electronic solicitation”
Your Blog & the First Amendment
What “Communication” Can Be Regulated?
Regulation of“Commercial Speech”
Central Hudson Gas &Electric Corp. v PublicService Commission(1980)
“That which does nomore than propose acommercialtransaction.”
“Mixed” Content• Dex Media v. City of Seattle (2012)• Is publication as a whole commercialspeech?• Ad format• Reference to specific product• Economic motive• Even if so, full protection applies ifcommercial/non-commercial speechis “inextricably intertwined.”
“The Law that Makes the Internet Go”• 47 U.S.C. § 230• Commonly known as “CDA 230”• “No provider or user of an interactive computer serviceshall be treated as the publisher or speaker of anyinformation provided by another information contentprovider.”• Blanket immunity from defamation liability for third partycomments• Preempts state law
Defamation Basics• A claim for damages to reputation based on false statements of fact• Truth is an absolute defense• Opinion is usually a defense• Heightened standard for public figures to claim defamation• Other important defenses:• Substantial truth• Fair report• Statute of limitations & the “single publication” rule
In re Peshek (2009)• Attorney blogger disciplined for referring to criminal clients• Used alias, but court determined the identities could be figured out• Confidential info• Non-confidential info that may be “embarrassing or detrimental” to clients
Fair Use & “Borrowing”• Quotations for criticism and commentary• The test for fair use• “Transformative” uses• Parody vs. Satire• Special considerations for photos• Government documents• DMCA notices