Tech law GEEK

20060416

Opinions citing Blogs

Thanks to VC, I discovered this list at 3L Epiphany of case opinions that cite blogs. Ian Best, the 3L from Ohio State that maintains the blog, did a great job of providing the context in which each citation was made.

In at least a few cases, the references are no longer valid because the web addresses have already changed, e.g., volokh.com started out using Google's Blogger with the address volokh.blogspot.com, but that site was later claimed by someone else. Should the opinions be updated to reflect the subsequent URL change? I have trouble with the concept of temporary (and mobile) authority, but a lot of valuable information is made available via blogs and other online resources that just aren't accessible in traditional media.

When and how does a blogger (or blawgger) know to make sure their permalink really stays permanent for a future court's reference? Should the court just append the material cited in its current form (say a timestamped pdf of the current URL being referenced) so it will stay with the record of the opinion itself? Whatever the solution, there should be some agreement soon, because the list that 3L Epiphany started will only continue to grow.

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