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Judicial Restraint

Blogging is not so new or radical that it requires new laws or a distortion of existing laws. For example, the laws of partnerships or employment don’t need revision solely due to blogging. Further, it should be generally unnecessary for legislatures to provide blog-specific rules or safe harbors; it’s too difficult to define "blogs" or "blogging" with sufficient precision, and legislation is too static to cope with the rapid evolution of blogging technology and practices.

Instead, the common law typically can handle the idiosyncrasies of blogging in a sensible and contextually sensitive manner. In that respect, judges evaluating blogs should recognize that unexpected or counterintuitive rulings could significantly destabilize the blogging community. Fortunately, many of the legal doctrines discussed in this series, including partnership and employment law, are naturally flexible. Judges should use that flexibility to balance the many considerations surrounding blogging. [6]

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