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1st Amendment and Free Speech/first amendment rights question

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Expert: - 10/14/2009


Question
I run a website and blog for the town I live in. Am I liable for any information people post on the blog? I also have a disclosure statement on the home page of the site stating that information on my website is opinion only.

Answer
Hi Jennifer,

There are federal laws dealing with liability for owners of web sites.  I am not an expert in that particular area so I cannot really give definitive advice.  The statute generally gives exemptions form liability for postings by third parties, but the owner may have an obligation to remove the material once notified that content violates civil or criminal laws.  Failure to do so in a timely manner could create liability.  For details, you may want to consult with an attorney.

- Mike

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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