• by Wendy Davis , Staff Writer @wendyndavis, September 14, 2009

Last year, the record industry complained in court about the blog Recording Industry vs. The People, maintained by defense attorney Ray Beckerman. The labels filed a motion (still pending) asking the court to sanction Beckerman for his "vexatious" conduct in publishing a blog that allegedly seeks "to bolster his public relations campaign and embarrass plaintiffs."

More recently, when a nursing student in Kentucky blogged on MySpace about attending the delivery of a baby, the school expelled her for potentially compromising a patient's privacy. She sued and a federal judge recently ruled in her favor.

Now, it's come to light that state bar authorities in Florida have fined lawyer Sean Conway $1,200 for criticizing judge Cheryl Aleman on a blog. Among other remarks, Conway called the judge an "evil, unfair witch." (Incidentally, the judge herself was sanctioned by a state panel for her "arrogant, discourteous and impatient" manner, according to The New York Times.)

Unlike the nursing student's post, Conway's remarks didn't even arguably threaten the privacy of clients. Nonetheless, Florida's state bar argued that Conway's statements weren't entitled to First Amendment protection because they were "not uttered in an effort to expose a valid problem" with the courts, according to the Times.

The Florida Supreme Court recently upheld the decision to fine Conway. The judges didn't issue an opinion in the case and Conway had consented to the order, so it's not clear what the court was thinking.

What is clear, however, is that many institutions -- state bar authorities, medical schools, record labels -- react badly when professionals publicly discuss their experiences online.

It's certainly true that in the past, people didn't have great outlets to make such open complaints. While a few people authored tell-all books -- like "Liar's Poker" by Michael Lewis -- many others either fictionalized their experiences or, more commonly, settled for gossiping with colleagues in person.

Of course, the Internet has changed that. Just as consumers can now air gripes on blogs, doctors, lawyers, bankers and other professionals can use the Web to expose matters that many businesses would prefer remain quiet.

What's more, professionals -- like everyone else -- have a fundamental free speech right to express themselves. It might be too late for Florida officials to revisit the Conway matter, but hopefully the courts will recognize that other bloggers have a free speech right to challenge judges, corporations and adversaries on the Web.