Creating Effective Terms of Use and Privacy Policies

There are two key documents or statements that all websites should post before (or at least soon after) going "live" on the Internet. First, your site's terms of use govern your relationship with users, allowing you to set boundaries of acceptable on-site behavior and potentially limiting your liability. Second, you should create a privacy policy, which informs your users of your practices relating to private information and helps you avoid liability under a complex array of federal and state privacy laws. The following sections address these two important documents in greater detail and provide examples that you can follow in creating your own terms of use and privacy policy.

See one of the sections listed below for more information: 

Homeowners and Renters Insurance Coverage

If you have homeowners or renters insurance, your policy may cover some of your online activities. Most such policies cover damages and legal fees incurred in suits against the insured for "bodily injury," and "bodily injury" is often defined as including personal injury arising out of defamation or invasion of privacy. Obviously, you are only covered if your insurance contract contains this or similar language and your first plan of action should be to read your policy, paying close attention both to the body of the policy and any separate definition sections.

You should note, however, that your policy may not include coverage for copyright or other intellectual property claims, which do not typically fall within the standard definition of "bodily injury" or "personal injury" covered by most policies.

Homeowners and renters insurance policies generally cover both compensatory damages and legal defense costs, but not punitive damages (damages awarded above and beyond the amount necessary to compensate the plaintiff for his or her injury). This is important because plaintiffs often seek punitive damages in defamation suits, and the fear of large punitive damages might prove an insurmountable inducement to settle or remove content. On the other hand, actual verdicts (as opposed to settlements) for plaintiffs are fairly rare in these types of suits and even rarer in the case of punitive damages.

Possible Coverage Exclusions

Most homeowners policies exclude coverage for "business pursuits." How "business pursuits" is interpreted varies from state to state. (See the Insurance Exclusions for Business Pursuits section of this guide for more information.) In most states, your activities may be excluded from coverage if you earn advertising income from your site or blog or you collect money through other online means (say, through a PayPal "Donations Accepted" link on your site). If you are worried about losing coverage because you make a small amount of money from your site or blog, you may want to consider forgoing the advertising revenues and donations.

In a few states, you might still be covered even if you make money if your online activities are not your "primary" occupation. In other states, you will need to show that your online activities are no more than a "hobby," even if you made some money from it. Note, however, that there may be adverse tax consequences from characterizing your business as a "hobby." You should consult a tax adviser before characterizing for tax purposes any income you make from your online activities.

If your existing homeowners or renters insurance policy does not cover your online activities, you may want to consider switching carriers or purchasing additional coverage through an umbrella policy. See the section on Evaluating Homeowners and Renters Insurance Policies for a discussion of the terms and coverage of several large carriers.

If you are interested in further reading on this topic, Eugene Volokh published an excellent post on the Volokh Conspiracy.

Evaluating Homeowners and Renters Insurance Policies

Homeowners insurance policies (and renters insurance policies) typically provide some personal liability coverage that may cover claims brought against you arising from your online activities. As a general rule, however, the more you expose yourself to potential claims, the more you should consider coverage beyond your homeowners policy. This is especially true if your online activities even arguably constitute a business.

In general, homeowners insurance policies do not refer specifically to claims arising from online activities, but this does not rule out the possibility of coverage for such claims. When evaluating policies, you should pay particular attention to two factors: (1) the types of potential claims covered by the policy, and (2) the scope of the policy's business activity exclusion.

To help you consider these factors, we have reviewed five policies:

• A Massachusetts Amica Mutual "Platinum Choice" policy
• A District of Columbia Chubb "Masterpiece" policy
• A Pennsylvania Erie "Ultracover" policy
• A Massachusetts OneBeacon policy
• A Massachusetts Providence Mutual renters policy

Want to help us create a more comprehensive review? We are hoping to collect homeowners and renters insurance policies from every carrier and every state. Please contact us if you would be willing to send us a copy of your policy (with any personal information redacted, of course).

Legal Claims Potentially Covered by Homeowners and Renters Insurance

• Defamation and Privacy Claims

In the course of your online activities, you may be sued for defamation, invasion of privacy, or intentional infliction of emotional distress. These claims may be covered by your insurance policy if it includes coverage for personal injury claims. Personal injury coverage is not dependent on physical injury, and commonly includes (among other things) claims for defamation (including libel and slander), "humiliation," and invasion of privacy. For more information about defamation, privacy, and intentional infliction of emotional distress claims, see the Risks Associated with Publication section of this guide.

Of the five policies we reviewed, only the Erie and Chubb policies cover personal injury claims. The Chubb policy also includes "shock", "mental anguish", and "mental injury" under its definition of personal injury.

• Copyright, Trademark, and Other Intellectual Property Claims

You may also be sued for copyright or trademark infringement in the course of publishing your work online. These claims, as well as other Intellectual Property claims, do not appear to fall within most homeowners insurance policy definitions, and it is therefore unlikely that your homeowners insurance will cover you if you are sued for copyright or trademark infringement. For more information about copyright and trademark, see the Intellectual Property section of this guide.

• Injuries you "intend" or "expect" and Punitive Damages

None of the policies we reviewed provide coverage for injury that the insured "intends" or "expects." Additionally, none of the policies covers punitive damages. This may be particularly relevant to claims involving defamation, where plaintiffs generally seek punitive damages.

• Bodily Injuries and Property Damage

All five homeowners insurance policies we reviewed cover claims involving bodily injury as well as property damage.

In general, bodily injury is defined as "bodily harm," "sickness," or "disease." The Erie policy also includes "mental anguish" in its definition of bodily injury. Additionally, each policy states that coverage for bodily harm extends only to situations where the injury results from an "occurrence," which is defined as "an accident."

Given these constraints, if your policy is limited to coverage of bodily injury claims, you will likely not be covered for claims against you that arise from your online activities.

Business Pursuits Exclusion

All five policies we reviewed exclude coverage for claims arising out of the insured's business activity. There are differences in the ways that state laws treat this exclusion, as well as important variations in the policies themselves. We discuss the different state approaches in the Insurance Exclusions for Business Pursuits section of this guide.

In order to understand the business activity exclusion in the five policies, we looked at: (1) its definition of "business" and (2) the scope of its exclusion.

1. Definition of "Business"

Although the Chubb policy states that it does not cover damages arising from the insured's "business pursuits" it does not define what a "business pursuit" is. The Erie policy defines "business" as "any full-time, part-time or occasional activity engaged in as a trade, profession or occupation." The Amica Mutual, OneBeacon, and Providence Mutual policies contain identical definitions: "A trade, profession or occupation engaged in on a full-time, part-time or occasional basis . . . or [a]ny other activity engaged in for money or other compensation."

The Amica Mutual, OneBeacon, and Providence Mutual policies further state that an "activity engaged in for money or other compensation" will not be characterized as business (and therefore will not be excluded from coverage) if:

(1) the insured received $2,000 or less in the year prior to the start of the policy, or (2) the insured engaged in a volunteer activity, and only received payment of expenses incurred in the performance of the volunteer work.

2. The Scope of the Business Pursuits Exclusion

The five policies that we reviewed vary a great deal in how narrowly they apply the business pursuits exception:

• Chubb's coverage is the most favorable to the insured, as it does not exclude "incidental business at home" in which the insured has no employees and has gross revenues of $5,000 or less in any one year.


• Erie's coverage is also somewhat favorable, covering "activities normally considered non-business" as well as all "occasional business activities." Whether blogging, for example, is "normally considered a non-business" activity is an open question.


• Amica Mutual and Providence Mutual exclude virtually all liability "arising out of or in connection with a business" unless the participant is under 21 years old, self-employed, employs no other employees, and works either on a part-time or occasional basis. This exception to the exclusion primarily applies to jobs like baby-sitting and newspaper delivery.


• OneBeacon's policy excludes coverage for all liability "arising out of or in connection with a business."

Increasing Your Insurance Coverage

If it seems likely that your online activities will fall under the business pursuits exclusion of your policy, you should consider purchasing Media Liability Insurance.

Otherwise, given the limitations of basic bodily injury coverage, if you engage in substantial online activity you should look for a policy that includes personal injury coverage. Such a policy will likely be more expensive, but the coverage for injuries like defamation may be well worth the additional cost should someone bring such a claim against you.

A more comprehensive alternative is to purchase an umbrella policy as recommended by the (not impartial) Insurance Information Institute, which states that such coverage typically begins in the range of $150-$300 annually. The primary effect of umbrella policies, which do cover personal as well as bodily injury, is to increase your coverage cap. Given the high cost of legal services, this may be worthwhile even if your policy already covers personal injury. Some umbrella policies also augment your coverage in other ways. The OneBeacon umbrella policy we reviewed, for example, eliminates the punitive damages exclusion; this might be crucial if you are sued for defamation, for which punitive damages are often sought.

Insurance Exclusions for Business Pursuits

Most homeowners insurance policies exclude coverage for liability relating to "business pursuits." Although the exact formulation varies by state, the courts generally define a "business pursuit" as a continual or recurrent activity carried out for financial gain. In most states, courts give a broad interpretation to "business pursuits," drawing in almost any activity that results in financial gain. In these states, if you devote a non-trivial amount of time to your online publishing activities and make any money from them -- for example, through advertisements or a tip jar -- then you probably are carrying on a "business pursuit," and your coverage could be lost. Conversely, if you don't make any money from your online publishing activities (or more precisely, if financial gain is not your motivation), then you probably are not engaging in a "business pursuit," and you won't lose coverage under your homeowners insurance. As Eugene Volokh notes, "if you're worried about the risk of libel lawsuits, you might want to consider staying entirely noncommercial." (emphasis in original).

In other states, the courts have interpreted "business pursuits" in a narrower fashion. There, you might be able to argue that your online publishing activities are not business pursuits so long as they are not your primary occupation or making a profit is not your primary motive. In these states, going commercial does not necessarily carry the same risk of losing coverage under your homeowners insurance.

Most homeowners policies do not have a separate provision stating what law will be used to interpret them, so courts ordinarily will apply the law of your place of residence.

Choose from the list below to view state-specific information on the "business pursuits" exclusion in the fifteen most populous U.S. states and the District of Columbia. Keep in mind that there is no case law directly addressing the definition of a "business pursuit" in the online publishing context, so there is substantial uncertainty surrounding this area of law.

Media Liability Insurance

If your online activities are not covered under your current insurance policies, a growing number of companies are offering media liability insurance. While these policies are expensive -- perhaps prohibitively so for a newly formed business -- they can also be quite comprehensive. They typically cover costs to defend against suits brought for:

• libel, slander and defamation.
• invasion of privacy (a growing concern, as suits arising from newsgathering activities are not hampered by the First Amendment concerns that make libel and slander suits difficult to win).
• copyright infringement and other intellectual property-related suits.
• damages resulting from errors, omissions, misstatements or misleading statements made by you.

Media liability policies typically have a minimum coverage of $1 million and can run all the way up to $100 million for large publishers. The premiums may be as low as $1,500 a month, but typically begin at $2,500. Media liability insurance is a growing business with more companies underwriting policies every year, so it makes sense to shop around. Some carriers that provide policies in this area include: American International Group, Chubb Group, Media/Professional Insurance, First Media Specialists, ACE USA,OneBeacon Insurance Group, and AXIS Capital U.S. Insurance. Keep in mind that you will likely have to go through a licensed agent or broker to secure coverage from these companies.

There are several things to consider when shopping for a media liability policy:

• International Coverage: Increasingly, traditional and non-traditional journalists are finding themselves sued abroad in jurisdictions more favorable to plaintiffs than the United States. If you are likely to touch on foreign issues or discuss foreign citizens in any way, you might want to ensure that your policy covers you for suits brought overseas.

• Settlement: Many insurance policies include "hammer" clauses, which specify that the insurer, rather than you, gets to decide whether to accept a settlement (at the penalty of losing or drastically reducing coverage if you don't acquiesce). Because insurers are worried about their economic bottom line rather than your reputation (or good journalism, for that matter), you and your insurance company may not agree on when is a good time to settle a lawsuit. Insurance companies sometimes include clauses giving them a say in whether or not you will print a retraction (something that can limit liability or damages in many states -- please see the Overview of Retractions section of this guide for more information).

• Punitive Damages: Some policies cover punitive damages and some do not. While actual awards of punitive damages against citizen journalists are likely to be relatively rare, this coverage may provide you with peace of mind and also enable you to fight rather than settle suits you believe are meritless.

• Coverage Period: Some policies cover you for any claim filed against you during the policy period; others, for any claim brought against you for an incident that occurred during the policy period. The latter gives you more insurance should you discontinue your site, terminate your policy, and subsequently find yourself embroiled in a lawsuit.

• Policy Limits: All policies will pay attorney's fees, but some deduct defense costs from policy limits and some do not. Because such fees can be significant, this may make a large difference in the actual coverage of your policy.

• Counsel: Some policies allow you to select your own lawyer, while others do not.

• Financial Security: It is important to make sure your policy is underwritten by a company that is financially secure.

• Lawyer's Opinion: Some insurers require that you hire a lawyer to assess your chances of being sued and write an opinion letter to the insurer before it will underwrite a policy. The costs of this can be quite substantial.

Representing Yourself

Assessing Your Situation

It's not easy to decide whether to represent yourself. Before you make a decision, take some time to consider whether your personality, work ethic, and lifestyle are suited for the task ahead. The following questions should help you assess your situation:

• Do you have the time to learn the substantive and procedural aspects of the laws involved?

• Is your case relatively straightforward?

One way to make this determination is to attend a free legal clinic in your area. Call the clerk's office of your local court and ask if there are free legal clinics or a Volunteer Lawyer for a Day program. If there is one, attend it and discuss your case with the lawyer present. You should come away understanding more about the complexity of your case and whether or not you feel able to represent yourself.

• Do you feel comfortable negotiating with the opposing party (or the lawyer representing the opposing party)

• Can you clearly express yourself in writing and remain emotionally detached from the legal process?

• Are you organized in your record-keeping?

• If your case involves going to court, are you willing to:

• speak in public?
• understand the legal aspects of your case well enough to explain it to a judge?
• meet deadlines?
• perform legal research and understand court rules, cases, and statutes?
• produce documents to file in court?
• take the time and effort to understand and respond promptly to papers issued by the court?
• respond to papers received from the opposing party?
• free up time in your schedule to attend court hearings?

What it Means to Represent Yourself in a Legal Proceeding

If you are involved in litigation and decide to represent yourself, you will be referred to as a pro se litigant. While a court will hold you to the same standards as a lawyer, most courts will be less stringent with mistakes made by pro se litigants, and might even have a staff attorney at the courthouse to guide you through some of the procedural requirements. However, not all courts are helpful and can in fact be hostile to pro se litigants. Keep in mind that should you come to a point during the legal proceedings where you would prefer to be represented by a lawyer, you may have the option to do so.

Where to Find Help

In addition to the clerk's office mentioned above, there are several nonprofit institutions and other organizations that may be able to help with your case and provide guidance and resources. In extremely rare cases, they may even offer to represent you in court.

Other good resources include legal form books. Form books contain legal forms that lawyers use in drafting a legal document. Legal forms come in templates with suggested language and must be tailored to fit the situation. There are many types of legal forms available, categorized by subject, procedure, court, or state. Bear in mind that the forms are not meant to be used as boilerplate language. You will need to perform additional research to make sure that the form is appropriate to the situation and complies with current law. Here are some sites that have legal forms:

• Findlaw Forms
• LawInfo.com's Free Legal Forms
• The 'Lectric Law Library Forms Room
• LexisOne List of Free Forms
• Internet Legal Research Group's Public Legal Forms
• US Court Forms
• US Legal Forms
• Washlaw Legal Forms

You can also visit your local law library (at a law school or courthouse) to find legal form books.

Additionally Nolo.com is another wonderful legal resource. Nolo publishes print, software, and online manuals covering a wide variety of legal issues, including materials on taxes, employment, intellectual property, and how to operate a small business. The publications are written for the layperson and are terrific do-it-yourself legal guides.

Hiring a Lawyer

Like doctors and other professionals, lawyers range from general practitioners to specialists. Typically, lawyers who offer general legal services concentrate on legal issues concerning the general public—for example, wills or real estate transactions. However, if you are seeking a lawyer because of legal problem associated with your online activities, you should look for a specialist who focuses on media law or intellectual property issues on the Internet. If you want to set up a business, you should find a lawyer with experience in corporate and tax matters.

Finding the right lawyer

There are several ways to find a lawyer:

• Personal Recommendations

The best way to find a good lawyer is by word-of-mouth. Ask your family, friends, or colleagues for recommendations. If you previously hired a lawyer for another situation, ask her for references in the field you need. Don't stop at getting names and contact information; press the referrer for reasons why he thinks the lawyer is good.

• Bar Associations and Other Organizations

Your state or county bar association will likely have a referral service that matches your legal problem with an appropriate lawyer. Visit the American Bar Association's Consumer Guide to Legal Help to find bar associations in your state. Additionally, other types of organizations are focused around a specialty rather than geography. For example, the Media Law Resource Center provides a list of their law firm members who specialize in media law, including First Amendment and intellectual property law. (Organizations that might provide legal representation without a fee are covered under the Nonprofit Legal Assistance section of this guide.)

• Advertisements and the Yellow Pages

You may come across advertisements for a lawyer's services through tv, radio, magazines, newspapers, websites, or phonebooks. Remember that the advertisement has little to do with the lawyer's abilities. You should thoroughly research the lawyer by following the steps outlined below.

• Your Insurance Company

If someone has brought a lawsuit against you, check with your insurance company to see if you have liability insurance for the situation at hand. If you do, your insurance company should provide you with the necessary legal defense and indemnify you if any money needs to be paid to the other party. In this case, you will be represented by the lawyer from the insurance company and will not need to seek a lawyer of your own.

Once you have a list of lawyers, research them as much as possible. The lawyer's education background and the firm that the lawyer is associated with may be an indication of the quality of a lawyer's practice, but the best indicator of a lawyer's service is experience. Additionally, check your list of lawyers against a legal directory, a resource that contains peer ratings of lawyers, to see the opinions of others in the legal community. Martindale Hubbell is a highly regarded legal directory and is available online.

Initial Meeting With a Lawyer

Once you're comfortable with your list, call each lawyer to set up an initial meeting. Apart from the where's and when's of the meeting, you should make sure to find out:

• approximately how long the meeting will take
• what documents you should bring
• whether the lawyer charges for an initial meeting (and if so, the amount and method of payment)
• whether the lawyer can provide you with a list of references from current or former clients

You should prepare so that the meeting stays focused, allowing you to gauge the lawyer's response to your situation.

• Gather all documents pertaining to the situation in a file. This includes printouts of any relevant emails and webpages. Additionally, note dates and times you received each document.

• Write down everything you know about the situation, including:

• the nature of the actions that triggered the situation
• when and how you received any documents about the situation
• any relevant interactions you’ve had with anyone involved in the matter

The act of writing the summary allows you to: record events you may forget during the conversation; better understand your position; and focus your conversation with your prospective lawyer. If there is a lawsuit, you may be required to disclose this summary to the other side, so keep to the facts and do not include your opinions.

• Prepare a list of questions. The lawyer will ask you a lot of questions to help her evaluate the strengths of your case; you should do the same to evaluate the lawyer. Alexander Hawes, LLP has a terrific approach to identifying the information you need, as does the Monroe County Bar Association.

Understanding Legal Fees

The lawyer should go over her fee arrangement during your initial meeting. Bills may run high and you must understand the various fee structures to avoid unpleasant surprises.

There are several ways you may be billed for a lawyer's services:

• Hourly fee: The most common fee structure, an hourly fee is a person's hourly rate times the hours spent working on your case. Hourly rates will probably vary from lawyer to lawyer within a law firm, and from lawyer to non-lawyer. If money is an issue, ask whether a junior lawyer can work on the case while a senior lawyer reviews the final product. Make sure to get a breakdown of the hourly rates for each person who will work on your case, and an estimate on the length of time each person will spend on your case. The amount of work put into a case varies and it's impossible to project a definitive amount; however, a good lawyer should be able to give you a ballpark figure based on her prior experience.

• Retainer Fee: A retainer is an advance payment, or down payment, to be applied towards the hourly fees earned later. (Note: in some cases, a retainer fee also refers to the amount paid to an attorney on a regular basis to keep the attorney available for handling legal services.)

• Fixed fee: A fixed fee is a flat amount that covers a specific legal service. For example, if you need help starting your business, a lawyer may charge you a fixed fee for helping you to incorporate.

• Contingency fee: In a contingency fee arrangement, the lawyer only gets paid if she is successful in getting you an award of damages, whether through trial or settlement. A lawyer's portion of the award is usually a fixed percentage of the total amount, depending upon the type of case involved.

• Mixed Fee: A mixed fee arrangement combines contingency and hourly fees.

• Costs: Fees go to the lawyer for her work, while costs cover the payments incidental to those services. For example, if you've hired a lawyer to help you incorporate your business, one cost will be the filing fee for the articles of incorporation. For purposes of a lawsuit, talk to the lawyer about advances for the costs associated with litigation.

The First Meeting

Plan to arrive 5 minutes early so that you can be ready as soon as the meeting starts. Bring your summary and file of documents. As you explain the situation be candid. Remember, the lawyer needs all of the information, good and bad, to assess your case and give you a useful road map of what lies ahead. Except in rare cases, lawyers are bound by professional rules to keep the initial meeting confidential, so you should not feel constrained. You should already know how long the meeting will last, so keep an eye on the time and make sure the lawyer addresses all of your questions.

Post-Meeting

After you've met with a few lawyers, compare how they approached your situation and think about whose counsel you valued the most. If you met with a lawyer who was personally recommended to you, don't be surprised if you don't like her as much as the recommender did. There are many different styles of lawyering, and you may not be as comfortable with some as you are with others.

If there are one or two lawyers with whom you connected, call their references and speak to former clients. Once you're comfortable making the decision to hire a lawyer, make sure you have a written fee agreement to avoid billing surprises.

Lastly, don't lose touch with your case just because you have hired a lawyer. Your lawyer works for you. You need to set the goals, and your lawyer will use her legal expertise to help you achieve them. The only way for you to make decisions about your case is to stay informed.

Nonprofit Legal Assistance

Many lawyers and legal organizations provide pro bono work. In common usage pro bono refers to volunteer work done for the public good. In the legal field, lawyers who do pro bono work take cases for those who are disadvantaged and unable to secure legal assistance. Additionally, legal advocacy organizations (organizations that take on cases) usually provide pro bono representation for their clients.

There are a number of nonprofit institutions and other organizations that may be able to represent you or provide other legal assistance. Should the organization offer to represent you in court, you will be in the enviable position of enjoying free legal work done by lawyers passionately committed to the underlying causes of your situation. Note that these lawyers may be working on your individual case because they want to break new legal ground or advance the law in a particular way to benefit society as a whole. Thus, you will want to make your individual goals clear to them. More often than not, they will share your goals and you'll be able to forge ahead.

See the Nonprofit Legal Assistance Organizations by State section for organizations in your state that may be of help. On a national level, here are some organizations whose work may be of interest (listed alphabetically):

• American Civil Liberties Union: An advocacy organization that focuses on individual rights as guaranteed by the Constitution, including First Amendment rights. The ACLU provides a list for all its affiliates in the country.


• Chilling Effects: A fantastic website that focuses on promoting the protections that the First Amendment and intellectual property laws give to online activity. Contact Chilling Effects.


• Citizen Media Law Project (CMLP): We provide training and resources for individuals and organizations involved in citizen media. We also perform research and provide advocacy on free speech, newsgathering, intellectual property, and other legal issues related to online speech. Contact us!


• Electronic Frontier Foundation (EFF): EFF is an advocacy organization dedicated to digital freedom. Specifically, EFF works on free speech, privacy, and consumer rights in the digital domain. Contact EFF.


• Electronic Privacy Information Center (EPIC): A public interest research center focusing on the overlap of privacy issues, the First Amendment, and constitutional values. Contact EPIC.


• Fair Use Network: An initiative of the Brennan Center for Justice at NYU School of Law, the Fair Use Network provides information about intellectual property law and supports fair use and other free expression safeguards within the law. The website also lists prominent public interest organizations and professional associations that provide guidance and referrals for people facing issues over speech, information, and fair use rights. Contact the Fair Use Network.


• The Freedom Forum: A foundation that works to promote free press, free speech, and newsroom diversity. Contact the Freedom Forum.


• Legal Aid Offices: Legal Aid organizations provide legal assistance to those who are unable to afford law representation. They are funded variously by private foundations, individual donors, or the federal, state and local governments. Pine Tree, a legal aid organization in Maine, lists legal aid offices by state.


• Media Blogger Association: An association focused on: promoting, protecting and educating its member-bloggers; supporting the development of citizen journalism; and helping to extend the power of the press. Contact the Media Blogger Association.


• Media Law Resource Center: Information clearinghouse that monitors developments in First Amendment law. Contact the Media Law Resource Center.


• National Campaign for Freedom of Expression (NCFE): An advocacy organization that provides support, to artists and arts communities to promote artistic freedom. The NCFE acts as a liaison between the arts community and the national civil liberties community, and also lists other similar organizations. Contact the First Amendment Project and the NCFE.


• National Lawyers Guild: An association of progressive lawyers, law students, paralegals, judges, legal secretaries, and community activists. Local chapters maintain attorney referral lines.  Contact the National Lawyers Guild here.


• Public Citizen: A consumer advocacy organization that represents consumer interests in Congress, the executive branch and the courts. One of its iniatives is to fight for free speech on the internet. Contact Public Citizen.


• Reporters Committee Freedom of Press: A nonprofit organization committed to providing free legal assistance to journalists. Contact the Reporters Committee Freedom of Press - Scroll to the bottom to find the Legal Defense Hotline.


• State Bar Associations: Many state bar associations set a recommended number of hours per year for lawyers to perform pro bono services. Your state bar association may have a referral list of lawyers who are willing to take on pro bono cases. The American Bar Association has a state-by-state listing for state and local bar associations.


• Student Press Law Center: A legal assistance agency that focuses on censorship in student news media. The Center provides free legal advice and also has an Attorney Referral Network of lawyers across the country who are available to provide free legal representation to local students when necessary. Contact Student Press Law Center.


• Volunteer Lawyers for the Arts (VLA): VLA provides free or cheap legal help for 'struggling' artists and other members of the arts communities. The New York VLA has a list of the VLA offices in the country with their contact information.