Blogging around America just received vindication and respect, as the 9th Circuit overturned a lower federal court ruling yanking away 1st Amendment protections for Blogger Crystal Cox. The 9th Circuit said the issues she raised IS OF PUBLIC Interest and that Crystal Cox is entitled to "Freedom of the Press" protections.
You can see the background on one of my previous D's here of "Volokh 1st Amendment Motion Defending Blogger Crystal Cox"; which is on the subject and how UCLA Law Professor Volokh of the Volokh Conspiracy Blog, along with his co-counsel Benjamin Souede of Alexi Law Group LLC, took on Blogger Crystal Cox's case "pro bono".
Special interests and main stream media know they are at risk in their dominance and propaganda efforts, due to contemporary social media outlets. - Facebook, Twitter, Blogs etc., etc., ARE the real main stream media outlets of modern day.
Professor's Turley's Blog story "Fed Ct: Bloggers Have Same First Amendment Rights As Journalists" blames POTUS Obama and Senator Feinstein for trying to restrict issues. I take issue with JT's Blog attack upon our POTUS; but I do agree, and have my very own personal bone to pick with Senator Feinstein (who believes "Freedom of the Press" is okay to get her elected; but not to point out her faults as "the elected").
Professor Turley's Blog Opening Remarks on Reversal
.
Professor Turley stated today, in his blog (here) that;
There was an important decision last week in the United States Court of Appeals for the Ninth Circuit in which a panel ruled that bloggers are entitled to the same protections as journalists. The decision is in sharp contrast to the view of Senator Dianne Feinstein and Obama Administration officials who have fought against such protections for bloggers in a new federal shield law. The opinion was handed down on January 17, 2014 in Obsidian Finance Group v. Cox.
The Heart of Obsidian's case against Crystal Cox
.
Whereas the point of contention in Crystal Cox's case is debated. But this paragraph of JT's blog gets to the grit of the core issue at hand. As a Blogger engaging in an effort to do investigative journalism, Crystal made specific remarks of particular events; and Obsidian parties claimed they didn't have to deal with the issue, nor address the validity of Crystals remarks.
Their [Obsidian parties] punishment of Crystal Cox by a $2 million dollar plus lawsuit, is that Crystal Cox was not allowed to assert the contention; because she wasn't entitled to "Freedom of the Press" protections (including protecting her source).
As noted by Professor Turley that;
District Judge Marco A. Hernandez ruled that Padrick and Obsidian were not required to prove either negligence or actual damages because Cox had failed to submit “evidence suggestive of her status as a journalist.” Obsidian Fin. Grp., LLC v. Cox, No. 3:11-cv-00057-HZ, 2011 U.S. Dist. LEXIS 137548, 2011 WL 5999334, at *5 (D. Or. Nov. 30, 2011). Hernandez further ruled that neither Padrick nor Obsidian was an all-purpose public figure or a limited public figure based upon Padrick’s role as a bankruptcy trustee because “they had not injected themselves into a public controversy, but rather that Cox had “created the controversy . . . .” 2011 U.S. Dist. LEXIS 137548, [WL] at *4.
Laser Haas is biased toward's Crystal Cox
.
Going completely open on the issues at hand, yours truly is biased towards (and indebted to) Crystal Cox.
Long before anyone else was getting tens of thousands of Facebook likes & shares and/or Tweeter retweets on our Racketeering Romney story - Crystal Cox was out there seeking to rally her followers and others on the web, assisting U.S. get the word out concerning our eToys debacle.
Has Crystal made mistakes, as some allege - Maybe! But her heart is in the right place; and there's no school of ethics for blogger/websites - on how to rant correctly and attack corruption appropriately.
Regardless of your feelings about the blogger, Professor Turley or Professor Volokh, this 9th Circuit decision helped vindicate ALL bloggers today, including DailyKos, as a place to speak your mind and make accusations (that are factual).
Congrats to Professor Volokh and co-counsel Benjamin Souede;
and a Super YA HOO - to Crystal Cox
I'm in your debt and your country is blessed to have you!