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Court Victory Gives Blogger Same Speech Protections As Traditional Press
cold fjord writes "Reuters reports, 'A blogger is entitled to the same free speech protections as a traditional journalist and cannot be liable for defamation unless she acted negligently, a federal appeals court ruled on Friday. Crystal Cox lost a defamation trial in 2011 over a blog post she wrote accusing a bankruptcy trustee and Obsidian Finance Group of tax fraud. A lower court judge had found that Obsidian did not have to prove that Cox acted negligently because Cox failed to submit evidence of her status as a journalist. But in the ruling, the 9th U.S. Circuit Court of Appeals in San Francisco said Cox deserved a new trial, regardless of the fact that she is not a traditional reporter. "As the Supreme Court has accurately warned, a First Amendment distinction between the institutional press and other speakers is unworkable."... Eugene Volokh, [a] Law professor who represented Cox, said Obsidian would now have to show that Cox had actual knowledge that her post was false when she published it. ... "In this day and age, with so much important stuff produced by people who are not professionals, it's harder than ever to decide who is a member of the institutional press."' Further details are available at Courthouse News Service."
Better luck pissing on inalienable rights next time. Why not try banning the second amendment again. That'll make you feel better.
How can anyone be entitled more free speech than others??? everyone is entitled the same free speech, journalist, blogger or bum.
The Constitution makes no distinction between a "traditional journalist" and anybody else. When the Constitution refers to "freedom of the press", it is not talking about news media, or journalists. It is literally talking about printing presses. Just because journalists have told us that it applies to them and only to them does not mean that was what the Framers were referring to.
The truth is that all men having power ought to be mistrusted. James Madison
code of conduct/ethics...traditional journalist
Have you been sleeping for a few decades?
upon the advice of my lawyer, i have no sig at this time