Freedom of Speech Isn’t So Free

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While the First Amendment certainly protects your right to free speech, you know that it’s really not that simple. Just because you have the right to say what you want, doesn’t mean you can always say what you want, where you want.

The catch is that regardless of where you say something, there are always consequences. If you say something to your spouse that’s laced with sarcasm, you may end up sleeping on the couch. If a child says something inappropriate to their teacher, they may find themselves in the principal’s office. If an athlete talks back to his coach, he’ll likely end up running or sitting on the bench.

In fact, one of the best examples of not being able to say what you want, where you want involved a recent case of not talking at all. Last NFL football season, Seattle Seahawks star running back Marshawn Lynch was fined multiple times for his refusal to speak with the media.

What do all of these examples have in common, and why are they relevant to you as a blogger? They all point to one important fact: Free speech may be allowed, but you must be wary of the consequences. Each of these instances is legal, but they come with significant results. [Read more…]

5 Legal Nightmares to Scare you on Halloween

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Trick of TreatWith Halloween rapidly approaching, almost everyone is in the mood for a good ghost, zombie or vampire story. But while there’s always a good chill to be had from a scary tale or movie, some of the most frightening things aren’t works of fiction or stories at all, they’re simple facts.

Of those types of scary things, there is little more frightening than the law itself and how it can impact our daily lives.

As bloggers, we’re even more vulnerable than most when it comes to legal issues because, in addition to the usual spate of laws one has to follow day-to-day, we have the responsibilities of dealing with mass media law as well. Something, previously, few outside of the TV, radio, print and related industries had to deal with.

So, if you want some scary thoughts to give you something to ponder, here are five of the scariest legal realities and what they mean for you. [Read more…]

20 Legal Facts Every Blogger Should Know

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Courthouse ImageWhen it comes to legal issues, most bloggers are either unaware or misinformed about the laws that they operate under. Unless you studied to be a journalist, publisher or a lawyer, you most likely didn’t get an overview of mass media law. That’s unfortunate because now, with blogging and social media, everyone is a journalist and/or a publisher, at least from a legal perspective.

With that in mind, there is simply way too much to ever cover in one article. However, here is a brief overview of some of the facts that you need to know in order to stay safe online. Obviously, this won’t be in-depth and, if you want more information you should consult an attorney (or at least do further research).

But this should give you an idea of what you should be looking for and what questions you should be asking.

Also, it’s worth noting that these facts are based on U.S. law, if you are outside the country, obviously the situation is going to change.

On that note, here’s a look at 20 legal facts every blogger needs to know: [Read more…]

5 Responsibilities You Have as a Community Admin

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Image of CommunityAs a blogger, you are more than just an author and content creator, you are also a community administrator, managing and encouraging interaction between your readers and visitors.

Though much of this community interaction you can’t control, namely all of the conversation that happens off your site (Twitter, Facebook, email, etc.), a lot of it does take place directly under your purview, including comments on your site, conversation on your Facebook page and so forth.

To be a successful blogger, you need a good community to survive and thrive. However, running a community also comes with a series of responsibilities, both ethical and legal, that you need to be aware of.

Simply put, being a community admin is far more than having a comment box open on your site and letting others post. There’s actually a great deal more to it, especially if you want to have a community that is both productive and on the right side of the law. [Read more…]

What To Do If You Get a Legal Threat Online

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Threat PosterThe Internet, for better or worse, is the largest meeting place to have ever existed in history. It’s a place where millions of people, from all backgrounds, can get together and exchange ideas, news, artwork and pictures of cats.

However, it’s inevitable that, with so many people in one “place” that there are going to be disagreements and some of them are going to get quite heated. Just as you don’t always get along with your “real world” neighbors you probably won’t get along with some of your virtual ones either and, also like physical world problems, virtual world ones also, at times, disintegrate into legal disputes.

So, if you blog long enough, especially if you routinely discuss or use work from other people on your site, there’s a chance that you’re going to be the subject of a legal threat.

For the unprepared, this can be one of the most terrifying experiences one can have online. Such threats often come with fears big legal bills, huge settlements and more. It’s pretty easy to paint a worst-case scenario that is either unrealistic or completely impossible.

Still, these are matters that should be taken seriously and knowing what to do is important. Though I’m not a lawyer and certainly can’t provide legal advice, there are steps that most attorneys advise you to take and I’ve outlined them below. [Read more…]