Legal Document Preparers and Freedom of Speech

My dad often used the term "aggressively stupid" to describe officious petty bureaucrats. He had other favorites too, IPA was his acronym for "idiots per acre", as in "the IPA index is off the charts here". He was also a life long snob, using yet another personal acronym, LSE, which stood for lower-socio-economic to describe anyone who he thought was beneath him, which was most people. The two years I spent living with him as a teenager were endlessly interesting and educational. Dad was super intelligent and quite the misanthropist. He retired from the U.S. Navy as a Captain and was a psychiatrist; and managed to alienate three of his five children before he died.

I could not help but think about my dad when I read recent Florida Bar unauthorized practice of law (UPL) letters sent to legal document preparers. IPA certainly came to mind. But more on point, is the aggressively stupid label. In the most recent UPL letters the Florida Bar and UPL Committee has stated that legal document preparers may not use the word "legal" anywhere on their websites. At first, it was that we may not use the word "legal" to modify services - legal services. I concede that could be confusing ... maybe. Then it was that legal document preparers may not use the word "legal" in their email address. Next it was that legal document preparers may not use the word "legal" in their business name. Funny, I have been the Director of the Florida Association of Legal Document Preparers since 2010, and that one is news to me. And, the latest is, that legal document preparers may not use the word "legal" on their website, anywhere, or in any of their advertising.

This is the stupid part: Legal document preparers may not use the word "legal", but others can? What about bloggers? I'm a blogger, this is a blog. The name of this blog is "Legal Sunshine". I can think of a whole slew of ways to use the word legal that have little or nothing to do with lawyers or legal document preparers. Legal, legal, legal. Street legal, legal limit, legal job, legal questions, legal information, legal dictionary and on and on. And just for fun, I went on the Florida Division of Corporations' site and found pages and pages of business names that include the word "legal". I'm betting that not all of them are attorneys.

The reason for the prohibition as stated by the Florida Bar UPL Committee is that consumers could be confused and think that a legal document preparer is an attorney. I'm not sure how someone could think that, since disclaimers abound. Nearly every legal document preparer site and advertisement displays, at minimum, the following: "We are not attorneys and do not provide legal advice". Plain language that. Show me a consumer who, after reading that basic disclaimer, believes that the legal document preparer is an attorney, and I'll show you a consumer who most definitely needs help with his legal documents. And, as education and income correlate, that same consumer very likely also could not afford to retain counsel.

This is the aggressive part: Through the power of the Florida Supreme Court, the Florida Bar is authorized to investigate UPL. In reality, the Florida Bar has absolutely nothing to do with legal document preparers until and unless there is unauthorized practice of law. The Florida Bar does not regulate legal document preparers in any way; does not oversee legal document preparers in any way; and does not license document preparers in any way. However, UPL is a third degree felony. Right up there with: Grand Theft; Grand Theft Auto; Cocaine Possession; Possession of a Controlled Substance

Burglary of an Occupied Structure; Uttering a Forged Instrument; and Child Neglect just to name a few. I don't believe for one second that the intent of that law is to persecute legal document preparers trying to earn a living. I do believe that if the Florida Bar UPL Committees get their way and prohibit legal document preparers from using the word "legal" to describe the forms they prepare that the First Amendment is in serious jeopardy. And, I believe that I'll be damned, and we will all be damned if our freedom of speech is so curtailed.

Stop Florida's Unconstitutional Plan to Outlaw Anonymous Speech

A dangerously misguided Florida bill would forbid websites from operating anonymously just because they meet a vague definition of disseminating “commercial recordings”—and it's headed for a vote this week.

Supporters of the “True Origin of Digital Goods Act” say it's about “piracy,” but it would actually have disastrous consequences for anonymous online speech both inside and outside the state. Anybody operating a website that is even “likely to” host music or videos “directly or indirectly,”—even their own music or videos—could be ordered to reveal their name and address.

This new law isn't just unnecessary to enforce federal copyright or trademark laws—it also creates a new avenue for legal abuse. Anyone “aggrieved” by an anonymous website owner could take that owner to court, without having to show legal harm.

Anonymous speech is a vital part of the American free speech tradition, and of the rights guaranteed by the First Amendment. Artists, writers, and citizens rely on the freedom to speak anonymously through blogs, independent news sites, amateur video and music, and other websites and services. They rely on anonymity to voice unpopular opinions and speak truth to power without fear of harassment or reprisals at work or at home.

If you're in Florida, act now to tell your lawmakers: don't sacrifice anonymous speech at the altar of vague anti-piracy policy. Vote no on “True Origins of Digital Goods Act,” HB271 in the House and SB604 in the Senate.

From the Electronic Frontier Foundation's site - www.eff.org

And, an email from Fight for the Future states:

The news coming out of Florida is not good. Florida is poised to pass a dangerously misguided SOPA-like bill this week. This is bad for the Internet, both inside and outside the state.

Florida state legislature has introduced two related bills - HB 271 and SB 604 - otherwise known as the “True Origin of Digital Goods Act” (TODGA).[1]  

Supporters say the bills will curb online piracy. But really this is about online censorship. Just imagine having to put your home address on all of your websites that contain streaming content? Are you kidding??

Click here to sign the petition to stop the passage of the True Origin of Digital Goods Act”.

Unfortunately TODGA is no joke. If the act become law, any website that has commercial streaming content will be legally required to post their owner’s true name and contact information on the site or risk being taken down.[2]

What else is bad about the “True Origins of Digital Goods Act”?

• The bill is useless. The Digital Millennium Copyright Act already covers what Florida says it needs to fix; TODGA just creates a new avenue for legal abuse. Anyone “aggrieved” by an anonymous website owner could take that owner to court, without having to show legal harm. [3]

• TODGA will allow officials to take down alleged violators without any due process. This sets a dangerous precedence that will curb free speech on the Internet and circumvent normal channels.

We can’t let this happen.

When Congress tries to pass SOPA/PIPA and CISPA, we stop them every time. Now they’re trying to sneak similar bills under the radar at the state level. We are smarter than that.

Please sign the petition to stop Florida’s“True Origins of Digital Goods Act”, and share this petition with your friends.

-Susan, Evan, Holmes, Tiffiniy, Jessica, Vasjen, Charlie and Jeff
Fight for the Future

Sincerely,

----

Sources:

[1] http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=53294&

[2] Electronic Future Foundation. Stop Florida’s Unconstitutional Plan to Outlaw Anonymous Speech. EFF website. https://act.eff.org/action/stop-florida-s-unconstitutional-plan-to-outlaw-anonymous-speech (Note: EFF’s article was written when Florida tried to pass the same bills last year. Thankfully the 2014 bills failed. Let’s make sure the same thing happens in 2015.)

[3] Florida Legislature Considering SOPA/PIPA-like bills. The Internet Association http://internetassociation.tumblr.com/post/115035123138/florida-legislature-considering-sopa-pipa-like

Come on Florida - We don't want to be Flori-DUH - sign the petition and donate. This is important.

Net Neutrality - Submit your Comments to the FCC

Friends-

I just submitted a comment to the Federal Communications Commission in support of Net Neutrality. We only have a few hours left to stand up for Net Neutrality before the FCC's current comment period closes.

The important email below is from the groups behind the new Battle for the Net website -- it explains how you can take action too.

Please read on and join me in taking a stand!

Just a few hours to go. That’s how long we have to get pro-Net Neutrality comments submitted to the FCC in front of their first comment period deadline — and save the Internet from the clutches of Comcast, Time Warner, and their ilk.

Let’s make our power clear, by submitting more comments than the FCC’s ever seen before.

Click here to visit our brand new website and send the FCC a formal comment demanding support for Net Neutrality. It’ll only take a minute:

https://www.battleforthenet.com

We're in a battle to for the Internet as we know it. Net Neutrality guarantees all websites — start-ups, blogs, independent media — an even playing field. It’s essentially the First Amendment of the Internet.

But the cable companies want to gut Net Neutrality to increase their profits: Without Net Neutrality, those corporations can kill websites by relegating them to slow lanes if they don’t pay fees — or if they just don’t like the content they contain.

Many of you have already signed petitions to the FCC or President Obama — and so have literally millions of others. That’s incredible — and it’s had a huge impact. But now we all need to go one step further and submit formal comments into the FCC’s Net Neutrality proceeding.

It’s really quick and easy, and carries way more weight than the usual petition signature does. You’ll be a formal part of the process.

Click here to submit a formal comment to the FCC before the end of this comment period — it’s over TODAY:

https://www.battleforthenet.com

Originally the FCC was poised to undermine Net Neutrality all together. Because we all pushed back, now they’re considering adopting rules that would save it.

But they’ll only do so if we speak out again, even louder.

We can make a huge statement: We have a chance of submitting more comments than the FCC has ever received on an issue before.

The cable companies have millions of dollars and armies of lobbyists and public relations firms -- and since they own so much of the communications infrastructure, it's especially easy for them to push their propaganda.

But we have millions of people on our side — and our only chance of beating the cable companies is if we all take a stand, together.

Click here to visit our brand new website and send the FCC a formal comment demanding support for Net Neutrality. It’ll only take a minute:

https://www.battleforthenet.com

Thanks!

America, We're Better Than This.

What do Justin Carter and Paula Deen have in common? Justin Carter is the 19 year old who is currently in jail with a $500,000. bond, charged with making terrorist threats in a Facebook post. And Paula Deen the former Food Network maven, has been demonized for admitting under oath that she said the "N - Word" in the past twenty years. N*&!% PLEASE!!!!

Both Carter and Deen are being punished far more than their offense warrants. I believe Deen will bounce back once the dust settles, just like Martha Stewart. On the other hand, Carter's current situation is bleak. His parents cannot afford the half a million dollar bond; and according to a recent article, "Father: Teen Jailed For Facebook Comment Beaten Up Behind Bars", Carter has been beaten, and apparently been put into solitary confinement, and suicide watch. There is a petition on Change.org - comment - with over 70,000 signatures as of this writing, July 4, 2013.

Justin Carter's mother's plea in the petition states:

"My son, Justin Carter, was arrested on February 14, 2013 (yes, Valentine’s Day) because of a sarcastic comment he posted on Facebook about a computer game which was then taken out of context by a complete stranger! Please sign my petition to help release my son, Justin."

Justin Carter's offending comment was:

"I think Ima shoot up a kindergarten / And watch the blood of the innocent rain down/ And eat the beating heart of one of them." But, according to various accounts he added "JK and lol" after his comment - just kidding and laugh out loud. He was being sarcastic. He was arguing with some other person about an online video game. No one was hurt. No one was ever threatened.

We are better than this. I don't know Justin Carter or his family. I do know that this has gone too far. America, today is July 4. It is a day of celebration for this great country.Free speech ... First Amendment ... innocent until proven guilty ... due process.

The article - Father: Teen Jailed for Facebook Comment Beaten Up Behind Bars - also states:

"The charge is a third-degree felony, which in Texas carries up to 10 years in prison. The Comal County District Attorney's office hasn't responded to our calls, but police in New Braunfels, Texas, who have investigated the case, say in a time of heightened sensitivity to school shootings, their interest is in preventing violence when they can."

Not too long after the Columbine shootings my own son who was a middle school student, received a death threat from another student. The other student told my son that he was going to bring a gun to school the following day and shoot him. My son went to the vice principal's office and reported the other student. I saw his one line statement - So and So said he was going to bring a gun to school and shoot me tomorrow. The school despite their purported zero tolerance policy didn't do much at all to protect my son. They questioned the other child; they contacted the other child's parents; and they searched the child's backpack the next day. They did not suspend him, they did not contact any law enforcement other than the school resource officer. The school officials easily satisfied themselves that the threat was not a real threat because the child had no access to a gun. (Supposedly no access - but how hard can it be?) I took my son out of that middle school and put him into a school of last resort where they had metal detectors and real police officers who would not only keep peace but protect my son. He did well there. And he was safe. The point of this story in this context is that there is discretion. There is discretion at every level in the criminal justice system. Just as the school used their discretion in my son's case, and decided that my son was not in danger, law enforcement and the state attorney's office have discretion in Justin Carter's case. 

The article - Father: Teen Jailed for Facebook Comment Beaten Up Behind Bars - also states:

"The whole situation is kind of unfortunate," said New Braunfels Police Lt. John Wells. "We definitely understand the situation that Mr. Carter is in, however he made the comments, and it is an offense. We have to ... protect the general public and specifically, in this case, with it involving schoolchildren, we have to act. We take those very seriously."

"... Kind of unfortunate ..." ????  This case does not involve children. No children were ever hurt or at risk. The only injured party is Justin Carter. Please America, let's cultivate our common sense. Happy Fourth of July.