Blogger Fined

Alternate news source. Reporters-at-large

Moderator: Super Moderators

Post Reply
User avatar
voguy
Pirate
Posts: 4175
Joined: 06-01-2011 05:47 PM
Location: Moving Target (soon SA)

Blogger Fined

Post by voguy » 12-07-2011 05:35 PM

Crystal Cox, Oregon Blogger, Isn't a Journalist, Concludes U.S. Court--Imposes $2.5 Million Judgement on Her
By Curtis Cartier Tue., Dec. 6 2011 at 6:00 AM
Categories: Law & Courts, Media



​A U.S. District Court judge in Portland has drawn a line in the sand between "journalist" and "blogger." And for Crystal Cox, a woman on the latter end of that comparison, the distinction has cost her $2.5 million.

Speaking to Seattle Weekly, Cox says that the judgement could have impacts on bloggers everywhere.

"This should matter to everyone who writes on the Internet," she says.

Cox runs several law-centric blogs, like industrywhistleblower.com, judicialhellhole.com, and obsidianfinancesucks.com, and was sued by investment firm Obsidian Finance Group in January for defamation, to the tune of $10 million, for writing several blog posts that were highly critical of the firm and its co-founder Kevin Padrick.

Representing herself in court, Cox had argued that her writing was a mixture of facts, commentary and opinion (like a million other blogs on the web) and moved to have the case dismissed. Dismissed it wasn't, however, and after throwing out all but one of the blog posts cited by Obsidian Financial, the judge ruled that this single post was indeed defamatory because it was presented, essentially, as more factual in tone than her other posts, and therefore a reasonable person could conclude it was factual.

MORE ON STORY
"I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them." - Thomas Jefferson

User avatar
Fan
Lady with a
Posts: 5266
Joined: 05-09-2011 02:18 PM
Contact:

Post by Fan » 12-08-2011 02:11 PM

Hmm don't know the case, but if I published a booklet with defamatory statements I would be liable for it... this is old law trying to be applied in a modern time. Should bloggers be journalists? Even journalists can defame and be sued unless they can provide sources and facts to back up their assertions, no?

bobbo
Banned
Posts: 465
Joined: 11-10-2011 04:24 PM

Post by bobbo » 12-08-2011 04:41 PM

Fan--I'm no expert==but you are essentially correct. But it highlights knowing the difference between an opinion assertion vs a fact assertion. The law is different on the two giving more protection for the former than the later.

Free Speech vs Defamation. Pro's and Con's.

In court===you better have your links lined up.
Vote all "NO NEW TAXES" Politicians out of office! This is killing the American Dream of having a Middle Class.

User avatar
Fan
Lady with a
Posts: 5266
Joined: 05-09-2011 02:18 PM
Contact:

Post by Fan » 12-08-2011 05:05 PM

I have heard the saying "it is not defamation if it is true" (and you can prove it).

User avatar
voguy
Pirate
Posts: 4175
Joined: 06-01-2011 05:47 PM
Location: Moving Target (soon SA)

Post by voguy » 12-08-2011 05:59 PM

The issue would be "proving it" or having evidence that will hold up in court.

The second side of this is if someone wants to make your life hell, all they have to do is "slap" you repeatedly, forcing you to defend. Such is the tactic with a lot of politicians in the U.S.
"I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them." - Thomas Jefferson

bobbo
Banned
Posts: 465
Joined: 11-10-2011 04:24 PM

Post by bobbo » 12-08-2011 07:13 PM

defamation is true or false not determined by whether or not it is true or false. Truth is a defense to a claim for damages. Different thing.

Its more than just words.
Vote all "NO NEW TAXES" Politicians out of office! This is killing the American Dream of having a Middle Class.

Post Reply

Return to “Alt News Blog”