Author: Josh King
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Lawyer Ethics & CDA 230
I’ve been talking about CDA 230, so let’s explore a case of how “the law that makes the internet go” interfaces with the Rules of Professional Conduct governing the practice of law. Scintillating, right?…
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On the Perils of Content Moderation (Part 3 of 3)
Continuing my content moderation story from Part 2: Despite the blustering and threats, most lawyers understood that the First Amendment protected Avvo’s right to publish its lawyer profiles and ratings, and that it would…
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On the Perils of Regulating Content Moderation (Part 2 of 3)
In the first post in this series, I went through the background on CDA 230’s protection for the content moderation decisions of site operators. Today, a story about the implications of adding greater liability…
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On the Perils of Regulating Content Moderation (Part 1 of 3)
You’ll have to forgive social media companies for feeling whiplashed on the policy front. Should they be forced to determine the truth or falsity of all political ads? Or should they be forced to…
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More Speech Rules from the ABA?
Lawyers. Hardly poor cobblers are we; as a profession that deals in the arcana of regulation we seem to delight in larding ever more regulation upon ourselves. The attitude of our profession might be…
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Will SCOTUS Address Professional Speech?
Watching with interest: whether the Supreme Court grants cert in Capital Associated Industries v. Stein, a 4th Circuit decision out of North Carolina addressing the interplay between legal licensing and the First Amendment. While…
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Spineless FTC Goes Weak on Astroturfing
Writing astroturf reviews is WRONG, people. Like, OBVIOUSLY wrong. So you’d think that if you got caught instructing your employees, in sunny yet oh-so-detailed ways, on how to leave fake positive reviews for your…
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Another “Abortion Counseling” Law Knocked Back
It seems to be an equal opportunity area, the fight to control speech around abortion. Blue states want to force churchy “crisis pregnancy centers” to inform people about its availability, while red states want…
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Are ALL Licensing Restrictions OK Now?
I missed this when it was issued last month, but struck by the result in the del Castillo v Philip case, challenging the application of Florida’s licensing law for dietitians to prevent the sale…
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Is Real Change Finally Arriving to Lawyer Regulation?
Go read Jayne Reardon’s latest, “Re-Regulating Lawyers for the 21st Century,” which provides an excellent overview of a series of attorney regulatory changes being floated in a number of states. While the process in…