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> Home > Bloggers > Legal Guide

» Home » Why Join the Fight? » Blog Badges and Buttons Legal Liability Issues Overview Intellectual Property Defamation Section 230 Privacy Bloggers as Journalists Reporter's Privilege Media Access FOIA Other Legal Issues Student Bloggers Election Law Labor Law Adult Material Also Index of all Questions Paper: How to Blog Safely Additional Resources Print this Guide Please note: EFF is a US organization and this guide is based on US law. If you are not a US resident, see our international resources. Bloggers FAQ - Index of Questions Below is an index of all the questions in the Bloggers FAQ. You may also want to print this 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? 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? 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 What is a right of publicity claim? 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? 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?

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