[patrick]
Nearly half of all employers poke around online before hiring. That might range from a simple google search to detailed and thorough background checks by professional online providers. That relatively common knowledge can also be disquieting in light of internet archiving projects like the Wayback Machine or Google Cache.
To quote from another blogger, "let's briefly rehash why this is not okay":
1. The Florida Bar will have access to information it could never legally ask for (e.g., sexual orientation, religions affiliation, etc.). The policy welcomes itself to all sorts of discrimination.
2. The Bar asks applicants for their identity and password, which give the Bar access not only to applicants' personal information, but to the personal, private information of their friends as well. Applicants' Facebook friends never signed up, and never intended, to have their personal information shared with the Florida Bar.
3. The Facebook terms of use prohibit the very behavior in which the Florida Bar seeks to engage.
To be fair to the Florida Bar, a hard-line observation seems reasonable: anyone foolish enough to broadcast (or dumb enough not to remove) images of themselves nude, drunk, or high, exhibits prima facie evidence of ineligibility to represent clients.
But to be fair to applicants, one ought also take note of a common social phenomenon (and prerequisite to the practice of law) called "college."
Consider, for example, that events described in President Obama's autobiography had taken place in the Facebook age. I don't think it's entirely off the wall to say he is a wiser President for his experience, nor do I think it is unreasonable to think an attorney with 'real life experience' might better serve the client interests.
One thing the Florida bar has not made clear is to what extent an embarrassing or incriminating Facebok photo could actually prevent an applicant from sitting for the bar. That is to say, I have not been able to locate any concrete standard by which an unsavory Facebook profile, if investigated, will be evaluated. Facebook information is
notoriously hard to eliminate and even a good faith effort by a perfectly qualified applicant could be thwarted by the sheer difficulty that removing a full-fledged profile requires.
I believe state bar examiners should let this one go, but at a minimum, there ought to be a way to explain away or justify the "experiences" from an applicants past.
This is absolutely absurd that they would contemplate doing such a thing as this. But, on another note, any student who thinks that employers are not looking at social media profiles are dead wrong. The first thing they do is Google someone.
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