Below is an index of all the questions in the Bloggers' Legal Guide.
Overview
- What should I do if I get sued for what I blogged?
- How do I know if I am being SLAPPed?
- Can EFF defend me?
- I'm not in the United States - do these FAQs apply to me?
- Do the laws vary from state to state?
- What legal liability issues can arise from my blog?
- Enough of your legal mumbo-jumbo, just give it to me straight!
- Are these the only legal issues for publishers or bloggers?
- What if I get sued for something written by another person that I posted on my blog?
- Do I have a right to blog anonymously?
- Sweet, no one will ever be able to find out my identity!
- Oh no, my ISP was subpoenaed for my identity!
- Hey - my ISP took down my protected speech. Did it violate my constitutional rights?
- Should I publicize cease-and-desist letters?
- Are the legal issues with forums, bulletin boards, chat rooms, web pages and the like significantly different from blogs?
- Do the commenters on my blog have a First Amendment right to say whatever they want in the comments?
- I’m upset that a moderator disemvowelled my comments. Is that illegal?
- 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.
IP
Copyright
- I found something interesting on someone else's blog. May I quote it?
- What is fair use?
- May I freely copy from federal government documents?
- Am I free to copy facts and ideas?
- How does a Creative Commons license help?
- I'd like to let other people copy from my blog. Can I license it?
- If a reader comments on my blog, does she license the rights to me?
- Can I "deep link" to someone else's website or blog post?
- When can I borrow someone's images for my blog post?
- I want to parody someone. Can I use some of their images and text in my parody?
DMCA
- My ISP received a DMCA complaint about my weblog. What does that mean? Can I do anything about it?
- What are the rules for filing a DMCA notification?
- What are the counter-notice and put-back procedures?
- Can I sue if my site is wrongly taken down?
- When can I claim the safe harbor for comments others post to my blog?
- I'm a music blogger, and I'm concerned that my blog will be taken offline by bogus DMCA notices. What extra steps can I take to protect myself?
Trademark
- I want to complain about a company. Can I use their name and logo?
- Can I use a trademark in my blog's name or in the title of a blog post?
Right of Publicity
Defamation
- What is defamation?
- What are the elements of a defamation claim?
- Is truth a defense to defamation claims?
- Can my opinion be defamatory?
- What is a statement of verifiable fact?
- Is there a difference between reporting on public and private figures?
- Who is a public figure?
- What are the rules about reporting on a public proceeding?
- What is a "fair and true report"?
- What if I want to report on a public controversy?
- If I write something defamatory, will a retraction help?
- What if I change the person's name?
- Do blogs have the same constitutional protections as mainstream media?
- What if I republish another person's statement? (i.e. someone comments on your posts)
- Can I get insurance to cover defamation claims?
- Will my homeowner's or renter's insurance policy cover libel lawsuits?
- What's the statute of limitation on libel?
- What are some examples of libelous and non-libelous statements?
- How do courts look at the context of a statement?
- What is "Libel Per Se"?
- What is a "false light" claim?
- What is trade libel?
Section 230
- What is this "Section 230" thing anyway?
- What protection does Section 230 provide?
- How does Section 230 apply to bloggers?
- Do I lose Section 230 immunity if I edit the content?
- Is Section 230 limited to defamation?
- Wow, is there anything Section 230 can't do?
- What are some key Section 230 cases?
- Do blog or online forum operators have a legal obligation to post acceptable use guidelines for commenters?
- Are blog or online forum operators legally obliged to hold to their policies?
- Can my commenters sue me for editing or deleting their comments on my blog?
- Sweet, I can edit the comments on my blog to change the meaning and make commenters I don’t like seem like crazed defamers.
Privacy
- What are private facts?
- Can I be sued for publishing somebody else's private facts?
- What is offensive to a reasonable person?
- How do I know if a private fact is "newsworthy"?
- What is "intrusion into seclusion"?
Reporter's Privilege
- Are bloggers journalists?
- Can journalists blog?
- Why do we care whether someone is a "journalist"?
- What is the constitutional reporter's privilege?
- How is the constitutional reporter's privilege qualified?
- How do courts determine whether the constitutional reporter's privilege applies?
- What is a state reporter's shield law?
- Is protecting journalists' sources important to the freedom of the press?
- Where can I get more information on the reporter's privilege in my states?
Media Access
- Does the First Amendment provide a right to gather news?
- Can bloggers get press passes?
- Can bloggers get access to courts for newsgathering?
- Can bloggers get access to public meetings for newsgathering?
- Can bloggers get access to public records?
- I'm a podcaster - can I record my interviews?
Student Bloggers
- Do Public School Students Have Free Speech Rights under the First Amendment?
- But I'm a Private School Student—What About Me?
- Can Public Schools Censor or Punish Students' On-Campus Speech?
- Can Public High School Administrators Censor What I Say in a School-Hosted Blog or Other School-Sponsored Publication?
- Is My School-Hosted Blog a Public Forum?
- Can Public College Administrators Censor My School-Hosted Blog?
- But Wait, These Cases Are About Student Newspapers, Not Blogs!
- Do I Have More Protections for a Personal Blog?
- Sweet, my Personal Blog is Untouchable!
- So Can I Criticize Teachers on My Blog?
- Can I Publish Sexual Content on My Blog?
- What Can I Do to Avoid Causing a "Material Disruption" at School with My Personal Blog?
- What if I Want to Advocate Civil Disobedience on my Blog?
- Do I have a First Amendment Right to Blog Anonymously?
- What if I Get Punished for My Personal Blog?
- Can I Republish Rumors on My Blog?
- What do I Need to Know About Intellectual Property Law?
- Should I Blog About My Fellow Students' Private Lives?
- Ok, So Maybe It's Uncool, But Is It Illegal to Blog About Someone's Private Business?
- What About Blogging About My Own Private Life?
- What Can I Do to Blog More Privately?
- What if My School Orders Students to Stop Blogging About School?
- Can State Law Provide Additional Student Speech Protections?
- Where Else Can I Find More Information on Student Speech Rights?
- I Work for a Public School—What Are My Free Speech Rights?
- Do Many Students Keep Blogs?
Election Law
- Is it true that new rules limit how I can blog about politics?
- What did the FEC's 2002 regulations do?
- What did the district court ruling on the FEC regulations do?
- What would the proposed new FEC regulations do?
- Do the new proposed regulations seek to make any other changes of interest to bloggers?
- When would these regulations go into effect?
- What has EFF done regarding the proposed new regulations?
Labor Law
- If I am fired for blogging while at work, do I have any legal recourse?
- Do I have more protection if I work for the government?
- What if I am fired for something I wrote in my blog when I wasn't at work?
- Can my employer read my blog?
- I have a personal blog, but I don't tell my work colleagues about it. Should I expect my employer to find it?
- Can my employer monitor my blog if I use work computers or the company network?
- Is it legal for my boss to monitor my blogging at work if I'm on a break?
- If my co-workers and I start a blog about our workplace, are there any laws that protect us from being fired for what we say on it?
- What safeguards do I have for blogging with co-workers for mutual aid or protection?
- Can I be fired for using my work computer to blog about working conditions?
- Are there limits to these protections for work blogging for mutual aid or protection?
- Are there certain topics I can blog about that are protected by law, so that no employer can fire me for saying them?
- What should I do if I was terminated in retaliation for protected activity?
- How can a union protect my right to blog at work?
- Can I be fired if I create a blog about unionizing my workplace?
- Can I be fired for whistle-blogging about my company's violation of the law?
- Should I report the violation before whistle-blogging about it?
- What can I do to protect myself from employer retaliation?
- Do some companies permit employee blogging?
- Where can I get more information on workplace blogging?
Adult Materials
- Can I put adult content on my blog?
- What is obscene material?
- How do you determine "community standards" on the Internet?
- What is child pornography?
- What is sexually explicit conduct?
- Who is required to keep records about adult images under federal law?
- Wait, don't the new DOJ regulations exceed the statute?
- What records do federal regulations require?
- What if I don't have the records?
- What is a "lascivious" image?
- How is the Dost Test applied in case law?
- What do I do if someone puts child porn on my blog?
- Will the DOJ really go after my little blog for a couple of risqué photos?
- What have courts said about record-keeping requirements?
- What is EFF doing about the new 2257 regulations?
Freedom of Information Act
- What is the Freedom of Information Act?
- Who can make requests under the FOIA?
- Does the whole federal government have to turn over information under the FOIA?
- What kind of information can I get through the FOIA?
- Can I get electronic records through the FOIA?
- How do I know what to ask for?
- How do I make a FOIA request?
- Are there any step-by-step guides for writing and submitting FOIA requests?
- Can I ask for government records about myself under the FOIA?
- How much does it cost to make a FOIA request?
- How long does it take to get information through the FOIA?
- Is there any way I can get the information faster?
- I'm a blogger who is also a journalist. Do I get special treatment under the FOIA?
- After I've submitted my request, what if I don't hear anything from the agency?
- What if the agency doesn't give me the information I asked for?
- What if the agency denies my request for expedited processing or doesn't respond to it?
