You are viewing a read-only archive of the Blogs.Harvard network. Learn more.

f/k/a archives . . . real opinions & real haiku

June 8, 2005

we are blawggers — hear us roar

Filed under: pre-06-2006 — David Giacalone @ 12:42 pm

Thirteen hours ago, just after 10 PM last night, I emailed a bunch of weblawggers

to alert then to Ben Cowgill’s tussle with the Kentucky Attorney’s Advertising

Commission over whether weblogs are advertising and every post requires a $50

filing fee.  (see our immediatelyprior post).  I asked them to spread the word about

this problem — which would kill nonymous weblogging by Kentucky lawyers.  Within

minutes, Howard Basman blurbed it, which is always a great start to amy information

campaign.  Within the hour, Monica Bay devoted significant space, in a post called

Cluless,” Dennis Kennedy discussed lawyer-bloggers and ad regulation, offering Ben 

his assistance, and  Eugene Volokh wrote an extensive piece on the free speech issues.  


By the time I got back to my laptop this morning, the following webloggers  black envelope

had also weighed in (find more at the foot of this posting):

Larry Ribstein – “Blogging and commercial speech” 

Evan Schaeffer – “KY Lawyers Welcome Here”

John Steele – “Ben Cowgill’s Troubles with the Kentucky Bar: Is a Blog an Ad?”

Bob Ambrogi – “Free Ben Cowgill”

Walter Olson – “Every law-blog post an advertisement?”

Stu Levine – “Nobody’s Really THAT Stupid”

Ken Lammers – “Blog not an ad”

Shubha Ghosh – “Billboards on the Virtual Highway?”

Evan D. Brown “Controversy over legal blogging in Kentucky”

That’s at least thirteen in thirteen hours. This is exactly the response I had hoped for

and expected — vigilance, empathy, and the vital offering of unique perspectives.

Where else but the blogosphere could or would you find such quick, informative,

accessible responses from so many parts of the legal profession?   Nowhere. 


The above posts are not advertising.  I will be collecting the links and sending them on



crossing the grasslands

eight hundred miles

of burma shave signs





                first light

   the anchorman announces,

           “another tragedy”





writers block

a fly & it’s shadow

lifting off the empty page




fridgeNotes  Ed Markwoski,

 “writer’s block” from  Haiku Sun  (Issue X, Jan. 2004) 


update  (June 8, 2005):   I’m going to add more posts on this topic, as I find them.

(Yes, I do love TrackBacks and Technorati.):

George Wallace – “Oh, the Sun Goes Dark for Them Ol’ Kentucky Blawgs”

Stephen Albainy-Jenei –  “Is a Blog an Ad in KY?” [Patent Baristas]

Steven Bainbridge – “Blogging as Advertising?” (he dissents, I reply)

Carolyn Elefant – “Support Freedom of Lawyer Blogging in Kentucky”


lowdown (June 9, 2005):  Sorry.  I have not been able to keep this list complete.

Chronic Fatigue Syndrome is a cruel  master — especially, when you try to work

intensely and long (which is why I decided to stop practicing law in 1997). 



update (June 9, 2005 11 PM):  I’ve gone more deeply into when a lawyer is advertising

for the purpose of the Rules of Professional Conduct. 


  1. A post by Professor Bainbridge.

    Comment by Evan — June 8, 2005 @ 7:45 pm

  2. A post by Professor Bainbridge.

    Comment by Evan — June 8, 2005 @ 7:45 pm


    Comment by Mike — June 8, 2005 @ 11:14 pm


    Comment by Mike — June 8, 2005 @ 11:14 pm

RSS feed for comments on this post.

Sorry, the comment form is closed at this time.

Powered by WordPress