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The First Amendment V Blogging.
“Congress shall make no law respecting … freedom of speech, or of the press”
Does the First Amendment of the Constitution apply to blogging?
While technically a blogger is a journalist and there are constitutional protections, these fundamental rights do not give a blogger blanket immunity from civil culpability.
Just because an individual has a “right” to do something does NOT alleviate responsibility for negligence or wrongdoing.
You can’t go to jail for libel. You had a right to say it. But you CAN be sued!
You can’t go to jail for a trademark violation. You had a right to say it. But you CAN be sued!
You can’t go to jail for plagiarism. You had a right to say it. But you CAN be sued!
You can’t go to jail for violating a commercial contract by publishing propriety content. You had a right to say it. But you CAN be subjected to previously agreed to contractual remedies or sanctions!
For example, in a real estate MLS cooperating members agree to a set of standards regarding the dissemination of propriety listing information. In many cases, listing brokers may not alter content that is republished via mutually agreed upon broker reciprocity provisions.
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