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Law Student message board postings costing job offers

Front page on the Washington Post today is a story on law school students are not getting jobs because of message board postings. And scarier yet, as Carlo at Techdirt, my source for this post reports the students didn’t make the postings themselves:

…[T]hey’re just the subject of certain threads and messages — some which could possibly be viewed as defamatory, while others are simply unbecoming (such as a discussion of a female student’s breasts). The employers weren’t finding the students’ MySpace pages or blogs, or other sites documenting their personal lives, but rather their inadvertent digital resumés were being created by other people. The article seems to put the blame on the owner of a particular site that’s popular among law students, but that’s misplaced — perhaps the more questionable activity is on the part of employers who are using this information.

As Carlo continues, there’s a lot more more to consider:

If they’re going to search the web, they need to have the understanding that people can’t control what other people say or post about them (similar to the idea of hearsay in a courtroom), and that not every mention that casts a student in a poor light is true, or an indication of their character. It’s also not entirely clear why potential employers should consider many of these comments relevant to their hiring decisions, though one person says law firms are afraid of candidates who could attract controversy. Of course, it’s also possible that comments a person labels as ‘defamatory’ may be unflattering, but true. While site owners have no legal liability for what third parties post on their sites, thanks to Section 230 of the Communications Decency Act, at least one company senses an opportunity here, and searches for potentially damaging content online and ‘destroy it on behalf of clients’, which we’ll assume to mean they drown site owners with cease and desist orders and threats of lawsuits akin to legal bullying. All in all, this sounds like quite a bit of overreaction — not just on the students’ parts, but from their potential employers, too.

During my presentation at Northern Voice a couple weeks ago, employers checking out potential employee blogs was a hot topic. But we didn’t even get to the point where we talked of what other people were writing about us. That discussion would have gotten pretty intense.

And I’m not sure I made many fans in the audience when I said Google, MySpace, Tecnorati, IceRocket, and Google Blog Search were the first places I looked for history on employees I was considering. Though I hope I would not hold it against a potential good employee who was wrongfully cast in a bad light by someone else.

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