Lead
Political bloggers beware of what you say in your blogs. Your speech may not be free!
In a defamation suit, a court could rule that you are not a journalist who has protection under the First Amendment.
Article (Quote):
Crystal Cox, a Montanan who calls herself an investigative blogger and produces several blogs about the law, was sued in January by the investment firm Obsidian Finance Group over several opinionated blog posts that were highly critical of Obsidian and its co-founder Kevin Padrick. The firm sought $10 million in damages. Although the judge threw out several of the firm’s claims, he ruled against her on a single post and ordered her to pay $2.5 million in damages.
Source: David Carr: “In $2.5 Million Judgment, Court Finds Blogger Is Not a Journalist,” THE NEW YORK TIMES
MJB’s Take
This court decision could chill bloggers who believe they have the same First Amendment rights of free speech protecting them from defamation liability suits the same as journalists.
Related Articles
- Ore. judge rules blogger is not journalist (seattlepi.com)
- Blogger not eligible for media shield law, hit with $2.5M judgment (arstechnica.com)
- Is a blogger a journalist? Not in Oregon (chicagoreader.com)
- Federal court rules investigative blogger is not a journalist, orders her to pay $2.5 million in defamation lawsuit (digitaltrends.com)
- Blogger in Oregon Loses Defamation Case, Judge Weighs in on Who is “Really” a Journalist (reason.com)
- Blogger Must Act Like Journalist To Be Treated Like One (pixiq.com)
- Crystal Cox Case Scares Blogosphere: Blogger Fined $2.5, Judge Rules Press Protections Don’t Apply (inquisitr.com)
- BLOGGERS BEWARE!!! – Crystal Cox, Oregon Blogger, Isn’t a Journalist, Concludes U.S. Court – Imposes $2.5 Million Judgement on Her… Whose Next? (richardemanuel.wordpress.com)
- Crystal Cox Loses $2.5M Suit: When Is a Blogger a Journalist? Or Not? (blogher.com)
- Bloggers Put On Notice: You Are Not Journalists (jroycroft.wordpress.com)
- Oregon Blogger’s Fate Could Impact Bloggers Everywhere, Sued for $2.5 Million (blogworld.com)
marcjan
J Roycroft
December 9, 2011 at 11:36 AM
You have a really good blog here. Thanks for sharing.
marcjan
December 9, 2011 at 5:05 PM
And, thank you.
Bob@CommonSenseConversation
December 11, 2011 at 11:40 PM
So…you must be “credentialed” or working for a large, reputable “media organization” to be a journalist? Who was the credentialing organization fr the pamphleteer Thomas Paine? While a famous character in revolutionary America now, at the time he was essentially the blogger of his day.Indeed, Paine’s Common Sense was nothing more than a blog post in per-internet days. Jonathon Swift was perhaps the most famous of the early pamphleteers, and, like Paine, was imprisoned for his “seditious” writings. The fact is the earliest of the sedition laws were written as a direct response to irreverent writings of these “un-credentialed” journalists, and today’s laws protecting the press are a direct result of that.
Screw the judge. He is an ignorant hater of free speech and this was his/her one and only chance to take a shot at folks who would threaten those who have power with a simple writing tool. he, she, or more likely it, is a sore on the ass of freedom, and far to ignorant, stupid, and petty to have any place among American society, far less sitting on the bench.
U.S. District Judge Marco A. Hernandez is a tug attacking the law itself, and a liar for claiming to serve justice.
There…I’ve covered everything he held against the blogger…and more. Now…would somebody call the son-of-a-bitch, point him toward this comment AND my blog and tell him what I said? I’d live to face the piece of human debris in court.
marcjan
December 13, 2011 at 11:25 PM
>>Bob–
As I would have expected, an excellent post on your part.