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Beware of Blogging

published March 26, 2007

By Author - LawCrossing
Published By
( 3 votes, average: 3.5 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.
A recent case in New Hampshire about a member of the jury who blogged about his experiences and thoughts has brought this issue into the legal spotlight. Attorneys and judges are now forced to come up with a way to regulate this new form of expression.

The case is New Hampshire v. Goupil, and the blogger involved is Scott Vachon, jury foreman. According to The National Law Journal, Vachon posted in his blog that he was about to have to "listen to the local riff-raff try and convince [him] of their innocence." He also blogged about his beliefs on the police and God and posted that it was strange that he was chosen for the jury seeing as how he has these beliefs.


It was the defendant's attorney, Mark Sisti, who learned about Vachon's blog posts. He told The National Law Journal: "It's the kind of stuff that scares you because you don't know what's going on. You don't know if the jurors are communicating via this type of media or device after they are released each day. You don't know what they are picking up. It's not TV or radio, this is a whole new medium."

While most people will agree that blogging about jury duty experiences in general is perfectly fine, many feel that blogging about a trial while it is happening is not. Most feel that this violates the rule about jurors not being able to talk about the trial that they are a part of. However, since this problem is a relatively new one, Bob Kelley, an attorney in Fort Lauderdale, FL, thinks attorneys should play it safe and come right out and ask jurors if they are bloggers.

"Any lawyer who does not inquire during jury selection about a juror's Internet presence—whether it be a Web site, a blog, an account on MySpace or an account on Match.com—hasn't done their job," he told The National Law Journal.

published March 26, 2007

By Author - LawCrossing
( 3 votes, average: 3.5 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

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