Former Law School Dean and First Amendment Expert
RICHMOND, VA. – September 22, 2011 – Rodney A. Smolla, President of Furman University, former Dean of the University of Richmond Law School and national expert in First Amendment rights, has been added as counsel by attorney Horace F. Hunter in his case against the Virginia State Bar over his website.
At issue in the case is whether a disclaimer is required on “This Week in Richmond Criminal Defense,” a blog written by Hunter and published as part of the News section of the Hunter & Lipton PC law firm website (www.hunterlipton.com).
In July 2010, the Virginia State Bar requested that Hunter post the disclaimer required for lawyer advertisements on his blog. Hunter responded by asserting that the blog was not an advertisement, but news and commentary and, as such, no disclaimer was required. He further asserted that the blog is protected by the First Amendment.
The two sides failed to reach an agreement and the Bar instituted formal charges against Hunter alleging, among other things, that his blog did not meet the requirements of the Rules of Professional conduct with respect to lawyer advertising.
“Adding Smolla to my team was a strategic move because of his expertise and the fact that this case has extraordinary implications with respect to the government’s ability to regulate the content of blogs,” Hunter said. “As more individuals begin to blog, significant questions arise as to what constitutes the ‘media’ and who exactly are considered ‘journalists’. This case could set a precedent for how blogs are defined in the future.”
Rodney Smolla whose legal career has spanned more than thirty years, is a nationally recognized scholar, teacher, advocate and writer, and is one of America’s foremost experts on issues relating to freedom of speech, academic freedom and freedom of the press. Smolla is also a frequent media commentator in newspaper, magazine and Internet news stories. In addition to writing pieces for the New York Times Book Review, he is as regular contributor to the on-line magazines Slate.com and The Huffington Post.
About Hunter & Lipton PC
Hunter & Lipton PC is a law firm based in Richmond, Virginia that focuses its practice primarily in the area of criminal defense. The firm also publishes This Week in Criminal Law Defense, a blog dedicated to discussion of contemporary issues in criminal law. For more information, contact Horace F. Hunter, Esq. (804) 780-1235 or email hhunter@hunterlipton.com.
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About Rodney A. Smolla
Rodney A. is currently the president of Furman University, and previously served as the Dean of the law schools at Washington & Lee and The University of Richmond School of Law. He has authored several books on First Amendment issues including Free Speech in an Open Society (Alfred A. Knopf, 1992), Jerry Falwell v. Larry Flynt: The First Amendment on Trial (St. Martin’s Press, 1988) and Deliberate Intent (Crown Publishers, 1999). His latest book, The Constitution Goes to College, (New York University Press, 2011) describes the constitutional principles and ideas that have shaped American higher education. Smolla is also a frequent media commentator in newspaper, magazine and Internet news stories. In addition to writing pieces for the New York Times Book Review, he is as regular contributor to the on-line magazines Slate.com and The Huffington Post.
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