The Legal Liability Issues FAQ briefly addresses some common legal issues that affect you as a publisher, especially situations where you may face legal claims or threats based on information you published on your blog.
What should I do if I get sued for what I blogged?
You should contact an attorney (if you don't know an attorney, EFF may be able to help you find one). If the statement at issue is protected speech, you may be entitled to move to strike the complaint under
your state's Anti-SLAPP laws.
How do I know if I am being SLAPPed?
SLAPP stands for Strategic Lawsuit Against Public Participation, and the Anti-SLAPP laws are designed to help people sued for legitimate, protected speech made about public issues. If you are sued because you wrote about an issue of public interest or concern, you may have been SLAPPed. The
California Anti-SLAP Project and the First Amendment Project have excellent
FAQs on Anti-SLAPP laws. Note that Anti-SLAPP laws don't exist in every state, and they vary quite a bit among states, so this may not be available to everyone.
Can EFF defend me?
Maybe. EFF is a small, grassroots legal advocacy nonprofit supported by member contributions. We provide pro bono (free) legal assistance in cases where we believe we can help shape the law. Unfortunately, we have a relatively small number of very hard-working attorneys, so we do not have the resources to defend everyone who asks, no matter how deserving. If we cannot assist you, we will make every effort to put you in touch with attorneys who can. If you're in trouble, you can contact us at
info@eff.org.
We also encourage you to review and use our extensive web archive of legal documents at
http://eff.org/legal/cases/. You may download any of our legal filings.
I'm not in the United States — do these FAQs apply to me?
No. This legal guide is based on the laws in the United States, where there is a strong constitutional protection for speech. Many other countries do not have strong protections, making it easier to sue for speech. (See, for example, the BBC's guide,
How to Avoid Libel and Defamation.) However, US courts are reluctant to enforce foreign judgments that would restrict your freedom of speech. So if you are sued in the United Kingdom for defamation, you might lose your UK case, but the winner would have a hard time collecting in the United States.
If you know of a similar guide for your own jurisdiction or feel inspired to research and write one, please let us know. We can link to it here. We don't have the expertise or resources to speak to other countries' legal traditions, but we'd like to work with those who do.
Do the laws vary from state to state?
Yes. While the Constitution and federal laws, such as copyright law or Section 230, apply nationwide, many laws that affect bloggers vary from state to state. For example, defamation, reporter shield laws, and privacy laws are defined by each state (within constitutional boundaries).
What legal liability issues can arise from my blog?
Generally, you face the same liability issues as anyone making a publication available to the public, and receive the same freedom of speech and press protections. The main legal liability issues include:
- Defamation
- Intellectual Property (Copyright/Trademark)
- Trade Secret
- Right of Publicity
- Publication of Private Facts
- Intrusion into Seclusion
Enough of your legal mumbo-jumbo, just give it to me straight!
If you're concerned that you may have published a statement on your blog that could be false or cause harm to someone's reputation (or someone is claiming you have), check out
The Bloggers' FAQ on Online Defamation Law.
The Bloggers' FAQ on Intellectual Property will help you understand your rights to link to information, quote from articles and blogs, or otherwise use someone else's creative works. It also addresses situations where you can use the brand name of a good or service in your blog. Here you can also learn about the right of publicity, which is relevant if you want to use someone's name or image in a commercial context.
Trade secret law concerns the protection of confidential corporate information; for more information see the
Chilling Effects Clearinghouse's FAQ on trade secret law.
The Bloggers' FAQ on Privacy covers "publication of private facts" law, which is designed to protect a person's private information, even if the information is truthful. It also addresses "intrusion into seclusion" law, which is designed to protect people's privacy and their interest in being left alone.
Are these the only legal issues for publishers or bloggers?
No. In our litigious society, there are many "causes of action" — reasons for initiating a lawsuit — which a creative and determined plaintiff can dream up. Aggressive plaintiffs will sometimes use dubious causes of action in an effort to squelch protected speech (for example, claiming that when they receive an offensive email, it constitutes trespass to the email server (see
EFF's Open Letter to Shearman & Sterling). Fortunately, First Amendment protections for publications are strong and can help you defend against unwarranted legal threats.
What if I get sued for something written by another person that I posted on my blog?
A federal law known as Section 230 can protect Internet intermediaries from most civil liability for statements by another information content provider. See
The Bloggers' FAQ on Section 230 Protections for more.
Do I have a right to blog anonymously?
Yes. The Supreme Court has repeatedly upheld the First Amendment right to speak anonymously: "author is generally free to decide whether or not to disclose his or her true identity. The decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one's privacy as possible. Whatever the motivation may be...the interest in having anonymous works enter the marketplace of ideas unquestionably outweighs any public interest in requiring disclosure as a condition of entry. Accordingly, an author's decision to remain anonymous, like other decisions concerning omissions or additions to the content of a publication, is an aspect of the freedom of speech protected by the First Amendment." (
McIntyre v. Ohio Elections Comm)
Sweet, no one will ever be able to find out my identity!
Not quite. If you try to blog anonymously through a third-party service, you may be subject to subpoenas seeking your identity from your blogging service provider. EFF has written a
guide to blogging anonymously that may help you, and Reporters Without Borders has a
guide to anonymizing technology.
Oh no, my ISP was subpoenaed for my identity!
If you receive notice of a subpoena and you wish to retain your anonymity, you should contact an attorney about filing a motion to quash (drop) the subpoena. Many courts have required the subpoenaing party to show a compelling need for the information that outweighs the speakers' constitutional rights to free speech and privacy. For more information, see
this list of EFF cases on online anonymity.
Hey — my ISP took down my protected speech. Did it violate my constitutional rights?
No. The First Amendment protects you against government censorship and prevents the courts from enforcing a private-party action that violates the First Amendment, but it does not require a private party (like your ISP) to host speech. Indeed, the First Amendment also includes the right not to speak and that protects your ISP against claims that it "must" host whatever you decide to say.
Should I publicize cease-and-desist letters?
You betcha! Unwarranted cease-and-desist letters chill perfectly legitimate speech. The Chilling Effects Clearinghouse is collecting
a database of cease-and-desist letters to document the chill. Chilling Effects also annotates the notices to help you understand your legal rights.
Are the legal issues with forums, bulletin boards, chat rooms, web pages and the like significantly different from blogs?
No. While Legal Guide for Bloggers is focused on blogs, the legal issues discussed here are broadly applicable to a wide variety of types of online publishing. For example, a web page where you place your thoughts and opinions is similar to a blog. An online forum where people can post comments is similar to the comment section of a blog.
Do the commenters on my blog have a First Amendment right to say whatever they want in the comments?
Generally no. Unless you are a government entity operating a public forum, you have a First Amendment right to publish your blog in the way that you want, which includes the right to choose who may participate in discussions on your blog. Nevertheless, we encourage you to allow wide-open and robust debates in the comments on your blogs. Private action to edit or delete comments may be legal, but can also exclude important voices from a debate.
I’m upset that a moderator disemvowelled my comments. Is that illegal?
No. While we are aware of no court cases regarding disemvowelling, removing the vowels from a post is a form of criticism and commentary on that post. Even if it not explicitly permitted by the blog’s terms of use or an acceptable use policy, a court would likely consider the edit to be a fair use of your comment.
But the forum moderator edited some of my comments, deleted others and is being a jerk! Please tell me all the legal claims I might have against them so I can sue them into the ground.
Being a jerk is not a reason to sue someone. Nor is there a claim against blog hosts for exercising their free speech rights to control their forums. Even if there were any valid claims, please remember that lawsuits are expensive, not very fun and should only be thought of as a last resort. If you don’t like what someone is doing, you can start your own blog and express your opinions there.…
1. Wide Selection of Career Options
The benefits of being a lawyer include being able to select from a wide variety of career options in the public and private sectors. If your calling is to make the world a safer place for you, your family, and everyone else, you may choose to become a criminal prosecutor. On the other hand, if you believe our criminal justice system is grounded on the principle that everyone is innocent until proven guilty and everyone has the right to competent legal counsel, you may choose to become a public defender. Of course, some people believe this but choose to be a criminal defense attorney in the private sector because private attorneys tend to earn a great deal more than attorneys in the public sector.
In addition to criminal defense, you may choose from many areas of law including domestic law, real estate, corporate/business law, bankruptcy law, immigration law, or estate planning. If there is a law that covers a particular subject, you can choose to specialize in that specific area. You can also choose to become a sole proprietor who handles several areas of law for many clients or a corporate in-house attorney working for one client.
2. Financial Rewards and Emotional Rewards
Among the many benefits of being a lawyer, the financial rewards and emotional rewards are at the top of most college-bound students seeking to study law. Lawyers have the opportunity to earn a lucrative income. The average annual income for an attorney in the United States is $114,970 per year as of 2014 according to the U.S. Bureau of Labor. The highest 10% of attorneys earned more than $187,200 per year. Salaries of experienced, specialized attorneys can be much, much higher depending on the field, geographical location, employer, and level of experience.
Of course, money is not the only reason why people choose the legal field as their career. The emotional rewards of being an attorney can be even more satisfying than the financial rewards. If you are passionate about your chosen field of law and you believe your top priority is your client, assisting people to achieve a positive outcome for their problem is extremely satisfying. An attorney usually sees a person during one of the worst moments of their life; therefore, it can be extremely rewarding to help this person find a successful resolution to their problem.
3. Mental Stimulation and Intellectual Challenges
Another one of the many benefits of being a lawyer is the mental stimulation an attorney experience when working through complex legal theories, statutes, and case law to find a solution to a legal question. Most lawyers possess exceptional analytical skills including reading and writing skills. Practicing law allows you to use your mental skills each day in effective ways to solve problems for your clients. Because each case is unique, you must use your full mental capabilities to research, speculate, hypothesize, and formulate legal strategies to effectively solve problems for your clients.
4. Argue and Debate
Some lawyers never argue a case in a courtroom or they argue very few cases in court. On the other hand, some trial attorneys are in court almost every week arguing a new case. If you enjoy the challenge of going up against another attorney to argue legal theories and points to prove your allegations are correct, becoming an attorney will give you ample opportunity to argue and debate legal theories and various interpretations of the law.
5. Work Environment
For many, the work environment is one of the benefits specifically considered when choosing a career. Most lawyers work in law firms, government agencies, or corporations where they are afforded an actual office with four walls rather than a cubicle in the middle of a “bullpen” from a cubicle. Although things have since changed with the need for social distancing and the ease of working remotely. Being a lawyer typically includes the benefit of having a certain level of prestige that affords you certain benefits that other employees may not receive (i.e. office, ability to set hours, expense accounts, decorating budget, etc.).
6. Skills that Transfer – Alternative Legal Careers
The benefits of being a lawyer do not stop at “being a lawyer.” The skills you learn in law school and in the early years of your practice easily translate into alternative legal careers. Sally Kane wrote about several alternative legal careers in an article published on About.com. Alternative legal careers Kane explores in her article include legal consulting, legal technology, legal publishing, education, administration, banking, finance, dispute resolution, and human resource management.
7. Flexibility
Unpredictable schedules, demanding billable quotas, long hours, and very few days off have been a major complaints of many attorneys. The desire to achieve a better work-life balance has encouraged many firms to work with their employees to provide more flexibility as an attorney. Many law firms are now offering telecommuting, alternative work schedules, tiered pay scales, expanded family leave including maternity and paternity leave, reduced billable hours, and virtual assistants to reduce workload. The benefits of being a lawyer are increasing as law firms and other employers see the value of providing additional flexibility for their employees in increased productivity and efficiency.
What Do Attorneys Say About the Benefits of Being a Lawyer?
The ABA Journal asked for responses to the question, “Why I Love Being a Lawyer.” The responses were varied ranging from helping others to being self-employed and earning a substantial income. The American Bar Association posed a similar question in its Woman Advocate Litigation Section. The answers to the question, “What Have You Found Most Rewarding Being a Lawyer?” are also just as varied as those in the ABA Journal.
For each attorney, the answer to these questions will depend more on the person than on the chosen career. If you are passionate about your career, you are likely to be more satisfied and happy. Regardless of the benefits of being a lawyer, you must like what you do in order to truly enjoy being an attorney and find satisfaction in what you do for others.… 
If you or someone you care about has been hurt and you want to sue, you’re going to be 
Solicitor-client privilege has had a lot of coverage in popular culture. You’ve probably seen it on countless television shows and in the movies. But, while it’s a very real part of the lawyer-client relationship, it might not be exactly as it is depicted.
Solicitor-client privilege protects communications between a client and his or her lawyer. This means that anything you have told your legal representative in confidence cannot be disclosed without your express permission. This allows clients to speak freely and allows lawyers to get as much information about the client and their case as possible.
Solicitor-client privilege is not absolute though. There are rules that must be followed. The communication must be between the client and their lawyer and must be related to the case. There must also be the 
Working with the right law firm can have an enormous impact on the outcome of your personal injury case. That, in turn, can determine your quality of life going forward. For that reason, it’s critically important to make the right decision when it comes to legal representation.
Your personal injury legal representative should be experienced, and have experience working for clients within the Alberta legal system. They should be compassionate and understand how your accident has affected your life and your livelihood.
Most importantly, if you or someone you care about is injured because of negligence, you deserve to be fairly and appropriately compensated. Accidents and the resulting injuries can have a profound and long-lasting impact on your life. Personal injury lawyers work hard to ensure that their clients can offset that impact financially.
Make sure that you take the time to find the right fit. Review their credentials and their track record. Make sure that they understand your case and empathize with you. The right lawyer-client relationship could be pivotal in the success of your case. Get as much information as possible, so you can make an informed decision.
If you or your family have been injured due to the negligence or actions of someone else, we’d like to talk. 
Client care is important for all businesses, and even more important for 
This managing partner – law firm sample job description can assist in your creating a job application that will attract job candidates who are qualified for the job. Feel free to revise this job description to meet your specific job Job Duties and job requirements.
It's an age-old question. High-profile cases in which seeming scoundrels are defended in court - and acquitted - turn the public against the lawyers who represented them. Or, when the public finds out a person was guilty and their lawyer knew it all along and still vigorously defended them, the reaction's usually negative. California lawyer Stephen Feldman, who defended 
The answer is two-fold. First, there is a difference between "legal guilt" and "factual guilt." Second, lawyers have a legal responsibility to their clients that they must uphold.
Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel.
Lawyers are bound to deliver this legal right to their clients. According to Canon 7 in the ABA's Model Code of Responsibility, a 
If you’re hoping to become a barrister then verbal communication is perhaps the most vital element of your job. Your role is to communicate your arguments in such a way as to persuade your judge or jury of the merits of your case.
It’s also not something you can avoid as a solicitor; client meetings, phone calls and presentations will make up your day-to-day.
How to develop this skill: Speaking in public is something that a lot of people struggle with but there are all sorts of ways to practice and combat fears. Getting involved in theatre or debating will develop skills like projection and pace while techniques such as meditation can help deal with nerves.
You can also take part in one of TLP’s 
If you are finding a good lawyer, just 
As we noted in a prior 
Ideally with a document showing full disclosure of the relevant facts in writing to a competent lawyer. But many federal white-collar cases are not so straightforward; the conduct at issue is often the product of numerous discussions (written and oral) over time involving a variety of people. In such cases, defense counsel may need to show the accused fully disclosed “all material facts” by piecing together various documents and witness testimony. This can be challenging where circumstances evolved as the conduct at issue was under consideration, various lawyers were consulted along the way, and there is not a single lawyer who knew “all material facts” at any given point in time. In some cases, key facts may have only been disclosed orally, or not explicitly disclosed at all and instead merely implied or understood. In those circumstances, it is important to emphasize evidence showing the accused had a reasonable basis to believe the attorney knew and understood “all material facts” and still did not change the legal advice provided. If applicable, it may be fruitful to show that the facts that were not disclosed in writing were not material during the relevant events.
Assuming I disclosed all “material facts” to an attorney, am I protected in a federal criminal case by the advice-of-counsel defense?
Not necessarily, for a few reasons:
The law changes frequently and complex issues often arise. It takes years of experience to become a criminal lawyer. Steering your way through a criminal law matter will require you to understand the law, such as that contained in the Criminal Code, the Criminal Procedure Act, the Crimes Act, the Misuse of Drugs Act, the Evidence Act, the Road Traffic Act or the Sentencing Act. By engaging an expert for your criminal law matter you will save yourself significant amounts of stress, worry, time and disruption to both your working and personal life.