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In Kentucky You Can Be A Lawyer And A Blogger But Not Both

Unless you're willing to pay $50 a post to the state bar...

Kentucky lawyer and legal ethics blogger Ben Cowgill is effectively facing a shutdown due to the states regulation on legal advertising.

...In fact, Kentucky's regulations were recently amended in the face of arguments that they constituted an unconstitutional prior restraint on commercial speech. They no longer require Kentucky lawyers to obtain prior approval of proposed advertisements. However, they still define "advertisement" to include any communication that contains a lawyer's name "or other identifying information". They also require the lawyer to submit a copy of the advertisement to the Attorneys' Advertising Commission, along with a filing fee of $50.00. In the past, the Commission has interpreted those requirements to mean that the lawyer must pay a filing fee of $50.00 each and every time the content of the advertisement is modified.

Needless to say, it would be practically impossible for a Kentucky lawyer to publish a law-related web log if he or she were required to pay a $50.00 "filing fee" each and every time the content of the blog is modified. Every blog post would cost the lawyer $50.00!

More on the story from A Fool In The Forest and The Volokh Conspiracy


Semi-Related: The Unintended Consequences Of Law


Comments (3)

I'm confused by this. Does... (Below threshold)

I'm confused by this. Does it mean they'd have to pay $50 everytime they sent an email, letter or greeting card with their name on it?

As crazy as this may sound,... (Below threshold)
bullwinkle:

As crazy as this may sound, it is possible to post on the internet without using your real name. I can see where an attention whore may have a hard time with this, say for instance, Ron Reagan Jr., but this option could work well for most people.

Yes, Bullwinkle, points to ... (Below threshold)
Jay:

Yes, Bullwinkle, points to you.

I just love any rule that goes against free speech.




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