Wednesday, December 7, 2011

Judge Marco Hernandez says I am not a Media Defendant, therefore whether I had Actual Malice or not is Irrelevant.

""  Media" Defendant

Defendant next argues that she is "media" and thus, plaintiffs cannot recover damages
without proof that defendant was at least negligent and may not recover presumed damages
absent proof of "actual malice." Gertz, 418 U.S. at 347; see also Bank of Oregon, 298 Or. at
445-46, 693 P.2d at 43-44 (when plaintiffs were not public figures, but defendant was "media,"
plaintiffs had to prove that defendants were negligent in publishing the challenged article).

Defendant cites no cases indicating that a self-proclaimed "investigative blogger" is
considered "media" for the purposes of applying a negligence standard in a defamation claim.
Without any controlling or persuasive authority on the issue, I decline to conclude that defendant
in this case is "media," triggering the negligence standard.

Defendant fails to bring forth any evidence suggestive of her status as a journalist. For
example, there is no evidence of (1) any education in journalism; (2) any credentials or proof of
any affiliation with any recognized news entity; (3) proof of adherence to journalistic standards
such as editing, fact-checking, or disclosures of conflicts of interest; (4) keeping notes of
conversations and interviews conducted; (5) mutual understanding or agreement of
confidentiality between the defendant and his/her sources; (6) creation of an independent product
rather than assembling writings and postings of others; or (7) contacting "the other side" to get
both sides of a story. Without evidence of this nature, defendant is not "media.""

Source, Judge Marco Hernandez Opinion

I edit, I fact check best I can, I have educated myself, and I am in searches and alerts.. feeds, I keep notes of conversations, emails, recordings, and interviews.. I have created tons of independent product and Yet Judge Marco Hernandez says I am Not Media.  That is Simply Not True.

I am Media.  I have written articles on my Media Network for over 5 Years. I gather news, perform interviews, have tips emailed and snail mailed to me, I chat sources, and I deeply research as well as gather data from web stats that is invaluable.  I am a Journalist, I am Media, I am an Investigative Reporter, and yes and Investigative Blogger.

"Definition of JOURNALIST

a : a person engaged in journalism; especially : a writer or editor for a news medium
b : a writer who aims at a mass audience"

"Investigative journalism is a form of journalism in which reporters deeply investigate a single topic of interest, often involving crime, political corruption, or corporate wrongdoing.

An investigative journalist may spend months or years researching and preparing a report. Investigative journalism is a primary source of information.[1][2][3][4] Most investigative journalism is done by newspapers, wire services and freelance journalists. Practitioners sometimes use the terms "watchdog journalism" or "accountability reporting."
An investigative reporter may make use of one or more of these tools, among others, on a single story:

Analysis of documents, such as lawsuits and other legal documents, tax records, government reports, regulatory reports and corporate financial filings.
Databases of public records.

Investigation of technical issues, including scrutiny of government and business practices and their effects
Research into social and legal issues"


More on this Case and Original Posting

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