Facebook v. the Florida Bar

Abstract

The piece discusses social networking websites (e.g., Facebook, Twitter and MySpace) and their importance vis-a-vis the First Amendment in terms of communicating ideas (i.e., the market places of ideas), self-expression and discovery, and political expression and discussion. I emphasise the importance of this because the generation of law school graduates currently applying to take the bar is one of the first to grow up with ready access to the internet from a young age. This paper examines the recent proposals of the Florida Board of Bar Examiners (FBBE) to screen the social network pages of certain applicants to the Florida Bar. I argue that the guidelines are unconstitutionally vague and overbroad and as a result will have a chilling effect on speech if not clarified and the information on how the screening process works is then made easily available to bar candidates.