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