KY Bar: Calls Out Social Media in Proposed Regs.

Here is the link to the article I posted in my group “Lawyers who Tweet” about the Kentucky Bar’s proposed regulation of social media.   And here is the text of the proposed rules.

Two thoughts:

  • How can the Kentucky Bar Association single out “social media” from other kinds of Internet activity?  The amendment blithely mentions that non-legal comments on social media websites such as Facebook” and MySpace won’t be subject to advertising regulations.  What about LinkedIn?  Is that also considered a social networking website where comments will be regulated?
  • Its seems to me that regulating “comments” goes to the heart of First Amendment protection.  Advertisements are static communications that reach a broad audience while comments are situational and may only reach on person or very few.  This regulation seems designed to “chill” speech by making attorneys wary of posting anything on a social networking site, afraid it might be construed as advertising.
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