Legal Guide for Bloggers
Electronic Frontier Foundation
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Senator Marco Rubio
Florida
Phone:(202) 224-3041
Fax:(202) 228-0285
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Senator Bill Nelson
Florida
Phone:(202) 224-5274
Fax:(202) 228-2183
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Representative Mario Diaz-Balart
District: FH-FL25
Florida
Phone:(202) 225-4211
Fax:(202) 225-8576
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Please Support Federal Protection
for Blogger's Rights
Dear Honorable United States' Senators and Representative:
I am your constituent and I am writing to urge you to cosponsor the PETITION ACT, federal anti-SLAPP legislation to protect free speech. Strategic Lawsuits Against Public Participation (SLAPPs) are designed to silence individuals exercising their free speech rights, like journalists and bloggers. These damaging suits chill free speech and healthy debate by targeting those who communicate with their government or who speak out on issues of public interest.
I am your constituent and I am writing to urge you to cosponsor the PETITION ACT, federal anti-SLAPP legislation to protect free speech. Strategic Lawsuits Against Public Participation (SLAPPs) are designed to silence individuals exercising their free speech rights, like journalists and bloggers. These damaging suits chill free speech and healthy debate by targeting those who communicate with their government or who speak out on issues of public interest.
SLAPPs are used to silence and harass critics by forcing them to spend money to fight these baseless suits. SLAPP filers don't go to court to seek justice. Rather, SLAPPS are intended to intimidate those who disagree with them or their activities by draining the target's financial resources.
SLAPPs are effective because even a meritless lawsuit can take years and many thousands of dollars to defend. To end or prevent a SLAPP, those who speak out on issues of public interest frequently agree to muzzle themselves, apologize, or "correct" statements.
Please cosponsor federal anti-SLAPP legislation. A strong federal law should:
1. Allow SLAPP defendants to remove SLAPPs to federal court
2. Allow an anti-SLAPP motion to be filed, which stays discovery
3. Allow SLAPP victims to recover their fees when the SLAPP is dismissed
4. Allow an immediate appeal of the unfavorable decision by the trial court judge
5. Allow an exemption for public interest litigation
2. Allow an anti-SLAPP motion to be filed, which stays discovery
3. Allow SLAPP victims to recover their fees when the SLAPP is dismissed
4. Allow an immediate appeal of the unfavorable decision by the trial court judge
5. Allow an exemption for public interest litigation
This important legislation will protect Americans who speak out on matters of public concern. Almost half of the states do not have anti-SLAPP laws, and those that do have laws of varying strength and breadth. Moreover, federal claims in federal court are not subject to state anti-SLAPP laws. This is why federal anti-SLAPP legislation is needed now -- it would protect Americans in all states and at the federal level.
Thank you.
I'm convinced that many professionals could inject greater success into their careers if they picked up just one particular new activity: Blogging.
Blogging has one of the most important components to my career since 2007, and I'm always on the lookout for stories of others who have used blogging to jumpstart lagging careers, find new professional passions, and ultimately use the written word (on computer screen) as a means to reach greater levels of success.
Recently I had the chance to read Ruth Soukup‘s new ebook, How to Blog for Profit (Without Selling Your Soul). It’s a powerful book full of specific tips and ideas on how to build a successful blog. The book draws upon Ruth's own experiences of replacing her family's income with her blogging business. After reading it, I asked Ruth if she could provide a few thoughts on how blogging reshaped her career, and how it could help someone else do the same.
Note that although Ruth's career ended up turning into blogging as her full-time profession, I believe that Ruth's ideas are valuable for anyone with an interest in blogging in addition to their full-time gig.
Here's what Ruth said...
I never really set out to be a blogger—I had never even really read blogs before I started my own—but within a month of blogging I knew it was something I wanted to do professionally. Coming from a business background, I knew very quickly it was something I would eventually be able to make money at. That said, I think the reason I have been successful at blogging for profit is that I have been able to combine the things I am truly passionate about, like living well on a budget, with the strong entrepreneurial and marketing sense that needs to accompany any successful business endeavor.
Here is the advice that I would give anyone who wants to use blogging to reshape their career:
- Follow your passion. The best (and most popular) blogs are the ones with the best content, and good content follows passion. It is hard to write day in and day out about something you don’t care about, and if you don’t care, why should your readers?
- Create awesome content. Content is what ultimately will drive traffic, and traffic is what drives revenue. If you don’t start with awesome, compelling content, your blog is doomed. For at least the first six months, 80% of your time should be spent creating incredible content. What does your unique perspective and expertise bring to a subject that only YOU can share? Don’t worry about what everyone else is doing; instead, make it your own and make it amazing.
- Keep learning. Blogging has only been around for about fifteen years, and yet has changed immensely in that time, and will only continue to evolve. If you don’t keep up, your blog will die a slow death. On the flip side, all those changes mean that it’s not too late to join the party. Don’t let the fact that there are already so many blogs out there deter you; instead, keep reading and learning everything you can (my book is a great place to start!) and before you know it, you’ll be writing your own book on blogging.
Now, to you. Do you think blogging could help you in your career? Is it a strategy you've tried before to generate leads, build more contacts, or distribute or solicit business advice?
About Ruth: Ruth Soukup is the founder of LivingWellSpendingLess.com, one of the top lifestyle blogs, averaging over 700,000 unique visitors and 1.4 million pageviews monthly. She has contributed to Woman's Day magazine, Redbook Magazine, The Chicago Tribune, and ALL YOU Magazine, has appeared on The Daily Buzz, and appears regularly on WINK News in SW Florida. She lives in Florida with her husband and two daughters.
For more from Claire, read her free ebook on how to start a blog, check out her blog, follow her on LinkedIn, or find her on the Twitters via @claire.
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Posted by:
Post by David Inguanzo.
Freedom of speech in the United States
“Will of the people the only legitimate foundation of any government, protect its free expression, our first object.” ~ Thomas Jefferson
Freedom of Speech Clause of the 1st Amendment, the most well-known and beloved part of Constitution
Post by David Inguanzo.
HOW DID CHILDREN OF DIVORCE GET STUCK WITH THE VISITATION PLAN THAT AFFORDS THEM ACCESS TO THEIR NON-RESIDENTIAL PARENT ONLY ONE NIGHT DURING THE WEEK AND EVERY OTHER WEEK-END?
ReplyDeleteWhat is the research that supports such a schedule? Where is the data that confirms that such a plan is in the best interest of the child?
Well, reader, you can spend your time from now until eternity researching the literature and YOU WILL NOT DISCOVER ANY SUPPORTING DATA for the typical visitation arrangement with the non-residential parent! The reality is that this arrangement is based solely on custom. And just like the short story, "The Lottery," in which the prizewinner is stoned to death, the message is that deeds and judgments are frequently arrived at based on nothing more than habit, fantasy, prejudice, and yes, on "junk science."
This family therapist upholds the importance of both parents playing an active and substantial role in their children's lives----especially in situations when the parents are apart. In order to support the goal for each parent to provide a meaningfully and considerable involvement in the lives of their children, I affirm that the resolution to custody requires an arrangement for joint legal custody and physical custody that maximizes the time with the non-residential----with the optimal arrangement being 50-50, whenever practical. It is my professional opinion that the customary visitation arrangement for non-residential parents to visit every other weekend and one night during the week is not sufficient to maintain a consequential relationship with their children. Although I have heard matrimonial attorneys, children's attorneys, and judges assert that the child needs the consistency of the same residence, I deem this assumption to be nonsense. I cannot be convinced that the consistency with one's bed trumps consistency with a parent!
Should the reader question how such an arrangement can be judiciously implemented which maximizes the child's time---even in a 50-50 arrangement----with the non-residential parent, I direct the reader to the book, Mom's House, Dads House, by the Isolina Ricci, PhD.
Indeed, the research that we do have supports the serious consequences to children when the father, who is generally the non-residential parent, does not play a meaningful role in lives of his children. The book, Fatherneed, (2000) by Dr. Kyle Pruitt, summarizes the research at Yale University about the importance of fathers to their children. And another post on this page summarizes an extensive list of other research.
Children of divorce or separation of their parents previously had each parent 100% of the time and obviously cannot have the same arrangement subsequent to their parents' separation. But it makes no sense to this family therapist that the result of parental separation is that the child is accorded only 20% time with one parent and 80% with the other. What rational person could possibly justify this?
Florida Judge & Lawyer Complaints
ReplyDeleteHow to file complaints against Florida Family Law Judges and Family Law Lawyers?
Each State has its own procedures for filing complaints against Judges. All states require a written and signed complaint. Some states have a form for you to fill out. Other States request a letter. Grievances of misconduct usually concern issues of conflict of interest or impartiality. Adverse rulings or judgments are not considered legitimate grievances. You must support the complaint to the JQC about the Florida Family Law Judge with sufficient documentation.
Florida Family Law Judge Complaints
Write to the Florida Judicial Qualifications Committee.
http://www.floridasupremecourt.org
Florida Family Law Judicial Complaint
Mailing Address
Judicial Qualifications Committee (JQC)
1110 Thomasville Road
Tallahassee, FL 32303
Telephone
850-488-1581
All states maintain an agency to process lawyer complaints. These disciplinary counsels can usually be found as a department of the state bar association or as a branch of the state Supreme Court. Complaints in Florida can be filed by filling out a form supplied by the disciplinary counsel or by writing a letter to The Florida Bar.
Florida Family Law Lawyer Complaints
The Florida Bar handles complaints about family law lawyers in Florida.
Mailing Address
The Florida Bar
651 E. Jefferson Street
Tallahassee, FL 32399-2300
Telephone
850-561-5600
PRO SE RIGHTS:
ReplyDeleteBrotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.
Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.
Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."
Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."
Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.
Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."
Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.
Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."
NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."
Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."
Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).
Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."
Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."
Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."
Sims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."