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Internet Law

Bloggers Beware: Lessons from the Crystal Cox Case

(cc) MonsieurLui from Flickr

Many of us got into blogging because we like having a proverbial soapbox we can jump on to share our thoughts with the universe. The recent Crystal Cox case has made me wonder how many bloggers know the legal risk they take when they share their views.

For those of you who missed it, Crystal Cox is an “investigative blogger” in Montana who writes a blog called Bankruptcy Corruption. In one of her posts, she called Kevin Padrick, an attorney in Oregon, “a thug, a thief, and a liar.” Padrick sued Cox for defamation and won . . . $2.5 million!

The interesting thing for bloggers to note is that Cox lives and writes in Montana but she was sued in Oregon and Oregon law applied to the case.

If you write about other people, you open yourself up to the possibility of being sued for defamation or invasion of privacy. These cases are generally based on state laws. The good news is that there isn’t much variation between the laws. The bad news is that there are exceptions.

The really bad news is that the person who claims to have been injured by your blog gets to sue you in the state where they were injured, which is usually their home state. And it’s their home state law that applies. So, if you’re a blogger in Mississippi, and you write about someone in Alaska, and they sue you for defamation, you have to go to Alaska to defend yourself and hire an attorney who can defend you in Alaska. (Another lesson from the Crystal Cox case: don’t be your own attorney!)

Let’s look at the shield law, one of the laws Cox tried to use to defend herself. This is the law journalists invoke to prevent a court from forcing them to reveal an information source. There isn’t one national shield law. There are 40 different state shield laws, and some states don’t have a shield law. Cox tried to use the shield law to defend herself; and in another state, her argument may have held water. But unfortunately for her, the Oregon shield law specifically states that you can’t use the law as a defense in a civil defamation case.

Another challenge surrounding the legalities of blogging is that sometimes the laws are old, really old, as in the-internet-wasn’t-invented-when-the-law-was-written old. In a lot of these cases, the court has to decide how the laws apply to these new situations didn’t exist before we had the internet. You and the other side can propose your interpretation of the law, but there’s no guarantee that the court will accept your interpretation. And you might get really lucky and get a judge who barely knows how to turn on their computer and has no concept of what a blog is.

Someday the laws will be updated to account for the internet and blogging practices. Even when that happens, we will still have to be conscientious of the fact that each state has its own laws, and that we run the risk of being sued in any of the 50 states depending on who and what we write about.

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Appearance on Kade Dworkin’s Meet My Followers

My friend, Kade Dworkin, started a new podcast this month called Meet My Followers.

Kade Dworkin

Each show is a 20-minute interview with one of his followers from Twitter.  I was impressed when I saw that he’s challenging himself to release a new show every weekday morning.  So far he’s had some awesome and interesting guests – including me.

I met Kade in November 2009 when we were both presenters at Ignite Phoenix #5.  He spoke about “The Art of Misusing Stuff,” and my presentation was “Frosting the Law.”  Since then I’ve stayed connected to him and his adventures on Twitter and Facebook.  When he announced that he was starting this podcast and was soliciting guests for it, I immediately said I was in.

Kade asks all of his guests who they follow on Twitter.  I had to gush about some of my favorite people:

  • Lawyerist: @lawyerist, one of my favorite legal blogs
  • Eric Mayer: @ericlmayer, one of the best attorneys and courtroom advocates I’ve ever seen.  He’s new to Twitter, and his blogs are very thought-provoking.
  • Evo Terra: @evo_terra, my friend that I love for his intelligence, humor, and the fact that he just tells it like it is.  I’m also a fan of the occasional guest tweet from @jmoriarty.  Evo’s podcast is one of the highlights of my week.

We also talked about why I decided to go to law school and my aspiration to practice intellectual property and internet law, and to keep the crew at Improv AZ out of jail.  I’m glad that there are people like Kade who work in this area who remind me that there will be plenty of work for a neophyte lawyer in this area after I graduate.  You can listen to my episode of Meet My Followers on iTunes or on the show’s website.

Thank you, Kade for having me on your show.  I had a lot of fun and I look forward to hearing who is going to be on your show next.

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