Legal Blogs Boiling?

The ABA Journal E-Report had an interesting article on the most recent attempt to classify legal blogs as advertising.

BLOGOSPHERE ABOIL
N.Y. Proposal Would Designate Lawyer Blogs as Advertising

The legal blogs are boiling:

* "We go around passing rules that make us look like idiots."
* "We continue to handicap and bring everyone into the trenches."
* "The small firm can’t afford [this]."

The storm was set off by a proposal that "computer-accessed communications" such as blogs be included in New York’s definition of legal advertising, and therefore require state scrutiny.

Click on the heading to read the full article. There apparently continues to be a misunderstanding between those who use the medium and those who make the rules. I think the whole issue can best be described as; "All advertising is marketing. Not all marketing is advertising." Although Kentucky has apparently resolved its issues on the topic, (See update by Ben Cowgill), this issue looks like it will continue to generate heated debate as other states cope with the issue.