Attorney Argues His Blog Post About Judge Was Protected Speech

The Daily Business Review is reporting on a blog post case where in exchange for a public reprimand, a Florida criminal defense attorney admitted to violating a Florida Bar rule forbidding attorneys from impugning the qualifications of a judge and making statements known to be false or in reckless disregard to the truth. The case centers on a JAABlog post where the attorney called a controversial Broward judge an "evil, unfair witch" and "seemingly mentally ill".

The deal with the Florida Bar was called into question last month by the Florida Supreme Court. The Court has now directed the parties to file briefs by Monday on whether the attorney's comments are protected speech under the First Amendment. For now, read Respondent Sean William Conway's Show Cause Order Response (pdf) in Florida Bar v. Conway (No. SC08-326). [JH]