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

• 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?

• 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 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?

• 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?