Many of you may remember our previous Diary (here) on the issues of Blogger Crystal Cox - whom an Oregon Justice ruled was not a "journalist" and therefore liable for $2.5 million in damages. Just this past week, the Federal District Court denied the Motion by UCLA Professor Volokh of the "Volokh Conspiracy" website and his co (Oregon local) counsel Benjamin Souede- who Motioned on behalf of Crystal Cox, to have a retrial. The lengty rejecting opinion is (here). The "original" court ruling November 30, 2011 stipulated that blogger Crystal Cox is not media (see decision [here]).
What the case is about is the fact that Crystal Cox pointed out on her Blog "Obsidian Sucks" - that there are surreptitious dealings transpiring and conflicts of interest galore in the Obsidian Finance case. Because she is not a journalist per the Oregon court's ruling and a Trustee with 2 decades of public cases is (purportedly) - NOT a public figure; Crystal has been penalized to pay $2.5 million in damages. While what a judge may rule has authority - that does not mean that such is authority is in the right and dispositive 100% in judgment findings of facts and conclusions of law. Yours truly can verify unequivocally that, oft times, court's are not always kosher.
Volokh and his co-counsel Benjamin Souede have already announced that they intend to appeal to the 9th Circuit Court. Chances are, this case may go to the U.S. Supreme Court - (unless the Ninth Circuit demonstrates some common sense). There's more than just punishing one blogger for remarks - on the line here. All the opinions out there about the Trayvon Martin case - in essence - could be held liable for the remarks pertaining to injustices perceived. What amazes me is the diametric logic absurd. You cannot say you were damaged by a Media Giant Blogger - who is liable because she is "Not a Journalist".
UPDATE 10:47 am Pacific April 3 2012
YES - I am PROUD to defend the actions of Crystal Cox - this case is about INTENT
I would stand on the front lines with here - if it would not do more harm than good.
Crystal's intent is obvious to the impartial - to stop bad faith dealings criminal.
However, I can expect no more than what Thomas Paine endured. One of the greatest patriots of our time, one of the 1st to propose guaranteed minimum income and one of the most Noble and dedicated - Great writers of all time
died poor and ostracized for speaking to logic and truth - with only 6 at his funeral
What many of you fail to see and hear, even the best among us, is that Crystal is fighting corruption of our federal systems of justice and in this case she is right.
Would you dare assault a local blogger in Al Capone's day, for saying 10,000 things about his evil - because he "MAY" have gotten 1 thing wrong?
Would you dare RUSH to defend that corrupter of city, state and federal government employees and be so quick to pounce upon the blogger who had the guts to point out what was really going on?
When you look down upon Crystal - you are not elevating yourself - you are digging your way deeper into the abyss.
Stick with me - I am the one who posted my thoughts, MY DIARY - public.
You have a much better chance with me
I am fat, old, divorced, broke, homeless and already hated
and my demise may soon come to give you joy
, thou snide and cruel -
You have NO business looking down upon her
stay away from her.
Crystal's enemies, just because they want to be such - ARE MY ENEMIES
Thomas Paine was ostracized for speaking out against Christianity
I am CHRISTIAN - Proud of it - But would gladly die to defend his right to address
He was great and noble - Crystal is great and noble
Stick with your hate vented upon me - I am just a smuck who was
Stupid enough to turn down the biggest payday of my life
because I believed that was the good thing to do.
Apparently, I am in the wrong realm - as most of you think I am a fool
and you are the Genius
Here's UCLA Law Professor Eugene Volokh's accounting of legal briefings germane;
If you’re interested, here are the trial court documents:
◦OurMemorandum in Support of the Motion for New Trial.
◦The [E.F.] == Foundation’s Amicus Brief in Support of the Motion for New Trial.
◦The plaintiffs’ Opposition.
◦Our Reply
In my previous Diary, I noted that the Wall Street Journal had a retort about all this in its "Am Roundup" entitled "A line in the sand". Full of hubris and high minded attitude the Wall Street Journal said;
U.S. District Court judge in Portland has drawn a distinction between ”journalist” and “blogger.” Crystal Cox, found to be the latter, was ordered to pay $2.5 million in a defamation case
Here's an example of what goes on in the "quiet" rooms - in cases Like Obsidian
Crystal Cox had nothing invested in our eToys case. I had lost home, car, career, life savings and people involved were being threatened, harmed, kidnapped and now more than 1/2 dozen untimely deaths. All of that compounded by the fact that the head hauncho in my case is Mitt Romney. Bain and Goldman Sachs stole eToys and Crystal Cox was doing what those that claim to be the media weren't
She told the story
Now others are going to tell it too (some already have).
What boggles my mind, is everyone decent wants Goldman Sachs and entities like Bain to be punished for what they have done bad. In our eToys case there are 100 crimes, all visible within public docket records; which can get Goldman Sachs and Bain indicted Today! Yet, with all the banter and the fact that these cases can even end Mitt Romney's POTUS hopes - beyond the Trolls amongs us here - there are those who are supposed to care (and Want Mitt Romney DONE) - Yet, many turn a deaf ear. Long before Mitt the pitts was in the running, Crystal Cox was on the side of good and doing work altruistically. She blogged about Romney, Bain, Goldman Sachs and their secret attorney Paul Traub for FREE - when no one else cared.
I owe her
And if you thought it through, she acted noble and patriotically
We all OWE her and should encourage people like Crystal to seek the truth.
I just wrote a letter (here) to thank her and give her some cheer in her time of need.
Hope you guys and gals do so too. No need to tip, rec etc - me - make a kind comment to her or go to her FaceBook Page Please?
We, she, you and I - ARE the Media -
for we don't take money to type bogus words!
http://www.facebook.com/...
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UPDATE
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I wish someone else - other than I - had written this. At Professor Volokh's website, you do not see all the clamor for Crystal's demise. You see the bigger discussion on the case. You also have the fact that a venerated person (who's website, I would point out, is the Volokh Conspiracy) - that is taking great risk and great expense for the little among us who was thrust upon the national stage by a National Judicial Terroristic Spanking - because she dared to see and say 'How can they get away with this" - a Noble effort and task for which many take delight in her punishment and scorn her.
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Here, it is well established, that even when you have evidence of great evil by the man we all wish to bring down. The mentality of the outspoken is that of screw Laser Haas, how dare he bring that case to our attention - I don't care if it proves Bain/Romney and Goldman Sachs crimes are being protected by cronyism and corruption of our federal judges and Dept of Justice personnel.
It is so much easier to just say - F&%$ Laser Haas.
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I have to wonder how much the mob here would be attacking Crystal - instead of the issue - had someone else wrote this Diary?
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This poor human trait that validates the cliche of "familiarity breeds contempt" that is so prevelant around here - Does as Much or even actual Worse Damage - in ruthless, verbal, terrorism - as the Judicial Financial Terrorsim has done to Crystal and seeks to do to the entire Web/Blog realm.
It is a pee poor human trait that, instead of trying to be better human beings we try to elevate ourselves by pushing others below us. It is akin to the manner that a bully tries to make his lack of confidence feel embolden.
When a Giant brute picks on a midget and says Ha - I beat him
- what did he really accomplish?
A great person around here, with more intelligence than I - has denoted that
"The Fail will continue until actual torches and pitchforks are set in motion". - Pangolin@kunstler.com
Which, unfortunately, shall not transpire, until we all comprehend a greater truth by one of the greatest among us - that;
qui tacet consentire videtur
It would be more prudent to be that qui tacet way
than to be so quick to kick a dog that sought to protect us from harm
- when it is down