Wednesday, February 17, 2016

Blogger Crystal Cox, Ninth Circuit; Quotes from around the Blogsphere regarding the Game Changing New Media WIN for ALL Citizen Journalists, Whistle Blowers and Anti-Corruption Bloggers.

MAJOR FREE SPEECH WIN FOR ALL NEW MEDIA

Major First Amendment / Free Speech Ruling Levels the Playing Field
 as to who is the "NEWS" and who is protected in our courts to report the "NEWS.

The Crystal Cox, Ninth Circuit WIN was a Landmark Case
and NOW all bloggers have a right to break the NEWS, blow the whistle 
and report on corruption, and they are protected under the same laws
as the most richest, powerful media out there.

Reverend Crystal Cox
Crystal L. Cox, Port Townsend Washington

"On January 17, 2014, the 9th U.S. Circuit Court of Appeals sided with Crystal L. Cox from Eureka, Montana who was sued by for defamation by Kevin Padrick, an attorney and his company - Obsidian Finance Group, LLC. Cox had written posts exposing fraud, corruption, money-laundering and so forth."

"This ruling should be a clear reminder to misguided attorneys, corporations, developers or those with affluence to cease bullying or intimidating those who report the issues of the day.

Many concerned citizens have no choice but to create their own blogs and websites to level the playing field in this blossoming social media warfare.

The government has its plentiful public relations specialists, paid for by taxpayers. Corporations and special interests have their hired PR consultants. There are hired mercenaries who feel no qualms about spinning the facts. News media can be bought or controlled by big money or shut down.

It's not uncommon for the public to read articles or watch the TV news only to lament the irregularities or inadequate reporting. Oftentimes, critical issues are shunned or ignored by corporate media because of entwined relationships.

Bloggers with information or have intimate experiences and understanding of issues are critically needed now, more than ever."

source
http://www.huffingtonpost.com/choon-james/confirmed-bloggers-have-f_b_4657313.html



"In a major free-speech ruling, the Ninth Circuit decreed that bloggers have the same First Amendment rights as the institutional, commercial press. The ruling demolishes the argument that in the eyes of the law, bloggers are not journalists."

Source
http://blog.larrybodine.com/2014/01/articles/blogging/bloggers-have-same-first-amendment-rights-as-the-press/index.html



"Kudos to Free Speech Warriors - Crystal L. Cox and Eugene Volokh!
A big mahalo to Crystal L. Cox and Eugene Volokh for their 
valiant efforts to protect free press and free speech!"
Source
http://www.huffingtonpost.com/choon-james/confirmed-bloggers-have-f_b_4657313.html




"This case is important to the future of citizen journalism because of the crusade against freedom of speech being perpetrated by members of Congress."
Source
http://www.redicecreations.com/article.php?id=28602




“This case is the first one from a federal court of appeals that specifically protects the rights of bloggers,” said UCLA constitutional law professor Eugene Volokh, who represented Cox without charge on appeal. He said the ruling would also protect other individuals, including those who leaflet and who speak out on behalf of politicians or activist groups."

Source
http://www.latimes.com/local/lanow/la-me-ln-blogger-1st-amendment-20140117,0,5295817.story#ixzz2qi1Ry9yi


"It's not a special right to the news media," he said.  
"So it's a good thing for bloggers and citizen journalists and others."

Source


"Bloggers who are accused of libel are entitled to the same rights as members of the mainstream media, an appeals court has ruled."

AND

"The decision, viewed as a sweeping victory for bloggers, reversed a $2.5 million libel verdict against Crystal Cox. A three-judge appellate panel returned the case to the U.S. District Court in Portland, Ore. for a new trial."

Source

http://www.mediapost.com/publications/article/217704/court-grants-bloggers-same-protections-as-mainstre.html

"A website that castigates others as "evil doers" and "thugs" has exactly the same First Amendment protection as USA TODAY and The New York Times — and that's a good thing.

In a landmark decision on Friday, a federal appellate court held for the first time that blogs enjoy the same First Amendment protection from libel suits as traditional news media."

"Speech doesn't get much more free than blogs and comments on websites, and long-established principles protecting opinion and hyperbole help to keep it that way. In this case, the 9th Circuit upheld a lower court's decision to toss out other libel claims against Cox, despite her assertions that her targets engaged in corruption, fraud, deceit, money laundering, harassment and illegal activity."

Source
http://www.usatoday.com/story/opinion/2014/01/21/first-amendment-blogging-scotus-column/4733781/


"The Court stated,  The protections of the First Amendment do not turn on whether the defendant was a trained journalist, formally affiliated with traditional news entities, engaged in conflict-of-interest disclosure, went beyond just assembling others’ writings, or tried to get both sides of a story. As the Supreme Court has accurately warned, a First Amendment distinction between the institutional press and other speakers is unworkable.”

They went on to cite cases in which individual speakers have been granted First Amendment rights, despite not being a part of the established press. For example, the First Amendment rights of authors have often been protected, regardless of their training, background, or affiliations.

"This is very good news for anyone who has a blog or even a desire to post things in an individual capacity on their social network. 

It could also go a far way for advocacy groups that work unofficially for candidates and their rights to create media alleging things against candidates. It could also have important ramifications for blogging in other lawsuits.

For example, if a blogger is treated as a journalist for the purposes of the First Amendment, they could also be treated as a journalist in a matter like protection of sources."

Source
http://lawstreetmedia.com/news/headlines/court-says-bloggers-are-journalists-too/



"Who is a journalist?

Who has a few membership card, who works for a media outlet or television station recorded, or simply those who provide information ?

In the Internet age, where everyone has the opportunity to publish on a blog or a site's own thoughts, it is not an idle question, because those who fall within the definition of "journalists" often have more legal protections than the ordinary citizen . 

Not so in the U.S., where a California court has ruled on Friday that even non-professionals, provided indent topics of public interest , are entitled to legal protection afforded to journalists under the First Amendment. In case they are sued for defamation, it is therefore the plaintiff prove that certain statements have been made ​​in bad faith and that as a result of them, has suffered a loss of some kind."

Source
http://www.wired.it/internet/regole/2014/01/22/usa-blogger-equiparati-a-giornalisti/




Mainstream Media not Only Rejoiced at the Conviction of Cox in the First Place, but Forbes and the New York Times, as well as NPR set out to publicly flog Blogger Crystal Cox.

"a symbolic value as a precedent . As noted Matthew Ingram of GigaOm, the same protection granted to Cox could benefit, in case of need, the personality of a very different caliber, as the staff of Wikileaks, Julian Assange, and in general, all the "deep throats" that reveal secrets about Internet, as long stretches of information relevant to the community .

It is likely that the Court's decision does not like the media to members of the establishment who had rejoiced at the conviction of Cox in the first degree. "

Source
http://www.wired.it/internet/regole/2014/01/22/usa-blogger-equiparati-a-giornalisti/


"An appeals court has struck a blow for free speech and freedom of the press by ruling that First Amendment protection should be available to bloggers, regardless of whether they fit the definition of who qualifies as a journalist."

"When Montana blogger Crystal Cox lost her defamation case in 2011, the decision was greeted by a chorus of cheers from journalists, who were quick to argue that Cox wasn’t a journalist in any real sense of the word, and therefore didn’t deserve any protection from the First Amendment. 

An appeals court for the Ninth Circuit has disagreed, however: on Friday, a panel of judges overturned the original decision and said that Cox was in fact entitled to protection.

The implications of this ruling go beyond just a single defamation case. It’s another link in a chain of decisions that are gradually helping toextend the principle of free-speech protection beyond professional journalism to anyone who is publishing information with public value — and as such, it helps shift the focus away from trying to define who is a journalist and puts it where it should be: on protecting the practice of journalism, broadly defined.

Legislators who have been trying to design a “shield law” for journalists have been doing their best to specify who should be protected from government interference, but as journalism professor Jay Rosen and others have argued, it is the content itself that requires protecting, not some specific group of professional journalists who are able to fill in the correct checkboxes."

Source
http://gigaom.com/2014/01/19/on-free-speech-and-blogging-the-first-amendment-applies-to-everyone-not-just-journalists/


"A blogger—and, really, the public at large—has the same protections for free speech in the United State as a traditional journalist and can only lose a defamation lawsuit on an issue of public concern if plaintiffs manage to prove negligence."

Source
http://www.slate.com/blogs/the_slatest/2014/01/18/crystal_cox_bloggers_have_same_free_speech_protections_as_traditional_journalists.html

"Last week, the 9th US Circuit Court of Appeals ruled that the same standards that apply to journalists in print media also apply to bloggers and anyone else. The Reporters Committee for Freedom of the Press member Gregg Leslie said, “it’s not a special right to the news media. So it’s a good thing for bloggers and citizen journalists and others.”

Source
http://lawstreetmedia.com/news/headlines/court-says-bloggers-are-journalists-too/



"This is an important ruling given the efforts by government – most notably Congress, last year – to define what a journalist is and, through that definition, exclude from legal protections people who may not be journalists by avocation but commit the act of journalism."

"It’s scary to think of the government as the final arbiter of what separates a real journalist from a fake on"

Source
http://sayanythingblog.com/entry/protections-first-amendment-turn-whether-defendant-trained-journalist/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+SayAnything+%28Say+Anything%29


"This case is the first one from a federal court of appeals that specifically protects the rights of bloggers,” said UCLA constitutional law professor Eugene Volokh, who represented Cox without charge on appeal.

He said the ruling would also protect other individuals, including those who leaflet and who speak out on behalf of politicians or activist groups."

Source
http://www.latimes.com/local/lanow/la-me-ln-blogger-1st-amendment-20140117,0,5295817.story#axzz2qhoYlHZR


"A federal appellate court ruled Friday that the author of a blog post deserves the same treatment in a defamation case as "institutional media."

Source
http://www.politico.com/blogs/under-the-radar/2014/01/appeals-court-rules-blogger-press-get-same-protections-181447.html?hp=r3


"It's not a special right to the news media," he said.
 "So it's a good thing for bloggers and citizen journalists and others."

""It makes clear that bloggers have the same First Amendment rights as professional journalists," he said. "There had been similar precedents before concerning advocacy groups, other writers and book authors. This follows a fairly well established chain of precedents. I believe it is the first federal appeals court level ruling that applies to bloggers."

Source
http://www.startribune.com/politics/national/240917881.html

"a case involving a blogger crusading against what she saw as fraud in a bankruptcy-counseling firm, a judge ruled that the plaintiffs in the libel suit did not have to prove malice to win punitive damages.
http://hotair.com/archives/2014/01/18/9th-circuit-first-amendment-media-protections-apply-to-bloggers-too/


“The protections of the First Amendment do not turn on 
whether the defendant was a trained journalist”

http://sayanythingblog.com/entry/protections-first-amendment-turn-whether-defendant-trained-journalist/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+SayAnything+%28Say+Anything%29


Did you know that if you're a blogger and someone tries chill your speech with defamation law, your rights are protected by the First Amendment?
http://www.slyck.com/story2272_Court_of_Appeals_Reconfirms_that_Bloggers_have_First_Amendment_Rights

"Obsidian is a major win for individuals who blog, share, tweet and otherwise publish their views online. 

While the Court initially framed the question as “What First Amendment protections are afforded a blogger sued for defamation?” (emphasis added), its decision applies the First Amendment protections it has bestowed on “institutional media”to all “individual speakers” or “other speakers.” 

The Court stated that the applicability of such protections does not turn on “whether the defendant was a trained journalist, formally affiliated with traditional news entities, engaged in conflict-of-interest disclosure, went beyond just assembling others’ writings, or tried to get both sides of a story.”

Under this reasoning, an individual blogger, website operator or social media users speaking publicly on the Internet enjoys the same First Amendment protections from defamation claims as traditional media publishers.

At the same time, the Ninth Circuit’s affirmance of the district court’s dismissal of Plaintiffs’ claims as to most of Cox’s statements continues a judicial trend of taking the context and atmosphere of the Internet into account in distinguishing opinions from factual statements. "

Source
http://www.dwt.com/Blurred-Lines-Ninth-Circuit-Applies-Same-First-Amendment-Protections-to-Bloggers-as-Traditional-Media-01-23-2014/


"The Founding Fathers Would Be Pleased
I have quoted large portions of the opinion because I think that Judge Hurwitz wrote a masterful opinion and said it better than I could have. In my view, this opinion is an important contribution to First Amendment jurisprudence in the internet age.

The District Court's ruling appeared to be based on the elitist construct that only the professional media are entitled to speak on matters of public concern. 

It is my belief that the founding fathers, who were well acquainted with the pamphleteering of citizen journalists, would have been appalled at the District Court's attempt to distinguish between speakers instead of speech. In case I haven't been entirely clear, the Ninth Circuit corrected an egregiously misbegotten ruling from the lower court."

http://www.lexisnexis.com/legalnewsroom/bankruptcy/b/bankruptcy-law-blog/archive/2014/01/23/ninth-circuit-gives-some-protection-to-both-bloggers-and-trustees.aspx


"The Ninth Circuit Court Of Appeals has ruled that bloggers enjoy the same journalistic protections as traditional print and broadcast media when commenting on matters of public concern. "

"..up until now there was no clear rule on which legal standard should apply when bloggers and other new media were sued for vague ‘presumed damages’ for defamation. "

"The 9th Circuit ruled that bloggers are treated as full journalists for purposes of defamation laws. "
"This case makes it clear that when bloggers like TTAG report on matters of public concern like gun control, they can’t be silenced by lawsuits from pissed-off plaintiffs unless they prove the bloggers were more than just wrong. " "It’s a good thing that we’ll be treated the same from here on out."
http://www.thetruthaboutguns.com/2014/01/chris-dumm/ninth-circuit-affirms-bloggers-journalists-matters/

"A Win for Bloggers and The First Amendment’s Protection of Citizens’ Freedom of Speech"
http://www.minnesota-litigator.com/2014/01/18/win-bloggers-amendments-protection-citizens-freedom-speech/


"But before last week, no federal judge or court had ever specifically ruled that bloggers or personal freelance writers were protected by the same rules."

"The ruling will set a strong precedent that enables a broader practice of the freedom of speech and gives bloggers long-overdue responsibilities."
Source
http://ucsdguardian.org/?p=16596


" 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."

"   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."

Source
http://www.dailykos.com/story/2014/01/20/1271130/-JT-s-Blog-9th-Cir-Reversal-Crystal-Blog-Entitled-to-Freedom-of-Press-Protection#


"An appeals court has struck a blow for free speech and freedom of the press by ruling that First Amendment protection should be available to bloggers, regardless of whether they fit the definition of who qualifies as a journalist."

"When Montana blogger Crystal Cox lost her defamation case in 2011, the decision was greeted by a chorus of cheers from journalists, who were quick to argue that Cox wasn’t a journalist in any real sense of the word, and therefore didn’t deserve any protection from the First Amendment. An appeals court for the Ninth Circuit has disagreed, however: on Friday, a panel of judges overturned the original decision and said that Cox was in fact entitled to protection."

Source
http://gigaom.com/2014/01/19/on-free-speech-and-blogging-the-first-amendment-applies-to-everyone-not-just-journalists/

"Wow, what an amazing, crystal clear victory for the blogger!"

" if a blogger gets sued for defamation, and settles, there is NO LEGAL PRECEDENT, AND NO DEFINITIVE RULING. The ONLY way the case law changes is when a blogger courageously steps up and commits "

In short, the trial judge REJECTED the notion that blogger is entitled to any sort of journalistic protection.

Does that not sound like the same, tired meme from the legacy media, trying to protect the crippled, failing fiat ponzi scheme of the broken federal reserve system? Entrenched, legacy bureaucrats protecting THEIR tired, worn system at all costs, is that not readily apparent? Newspapers? What’s that? Blogging?

We ARE IT, and it is time the old school judges and legacy media embrace us."

"The Court then delivered a stunning victory to the blogger:

“We therefore hold that the Gertz negligence requirement for private defamation actions is not limited to cases with institutional media defendants.”

This means that a private, basement-dwelling blogger or contributor, cannot be successfully sued under a strict liability standard, that is, for simply making the false statement of fact.

Instead, the blogger must be shown to have made the statement on the basis that the blogger knew, or should have known of the falsity of the statement. This is a HUGE victory for internet bloggers on this point alone."

"We should all rejoice at the 9th Circuit’s opinion, since at this point, it is beyond dispute that what we talk about here, metals, manipulation, currencies, central banking, all of it, are matters of public concern. "
"What an utter waste of time and money, only to end up with the blogger not only winning, but convincingly so, and paving the way for the rest of the blogging community to enjoy freedom in posting with lessened fear of being sued! Hooray is what I say!"

Source
http://www.freerepublic.com/focus/f-bloggers/3115701/posts



"A VICTORY for All Independent Bloggers, 
God Bless You Crystal – Word of God . . . Speak. Amen!!" 

"Crystal has done some amazing work exposing the Truth about these criminals and their far reaching agendas being played out throughout our judicial system today!"

"This is truly a judicial victory for The People and a slap in the face of those who call themselves professional journalists and think they have rights to special privilege. The Free Press is about reporting to The People the facts and the truths that others attempt to hide, exploit and manipulate. This ruling says you haven’t been doing your job for some time now so it’s time for The People to take over.

Thank you, Dear Lord, for giving us this victory which brings The People closer to the Truth and Justice You promised us all. May You have mercy on their souls as Your Justice Reigns over all. Amen!"

Source
http://porninthevalley.com/2014/01/26/victory-independent-bloggers-god-bless-crystal-word-god-speak-amen/

""A defamation award against a blogger was overturned via a unanimous vote by a federal appeals court on Friday, according to The Los Angeles Times. The court ruled that those who post on the internet are afforded the same 1st Amendment rights that protect the traditional news media."
http://www.jdjournal.com/2014/01/21/appeals-court-rules-blogger-protected-by-1st-amendment-rights/#



"A blogger is afforded the same First Amendment protections as the institutional press, so liability for private defamation cannot be found unless a blogger acts negligently in making statements on matters of public concern, the Ninth U.S. Circuit Court of Appeals has ruled."
http://www.metnews.com/articles/2014/blog012114.htm


"In light of a growing choir of Julian Assanges and Edward Snowdens, the reality is that everyone has a right to be heard."

http://www.mintpressnews.com/brief-appeals-court-rules-bloggers-speech-protections-journalists/177391/


"This ruling is very important as it relates to this era of online content and reporting, as it is first of its kind in the 9th Circuit, though other circuit courts have held that individuals have the same free speech rights as the news media."
http://hellobeautiful.com/2014/01/28/blogger-legal-rights/

""Bloggers have long identified themselves as having the same right to express their opinions through reportage as do traditional journalists writing for newspapers, AKA “the mainstream media,” even though they may have had no formal journalistic training, and no editors or fact-checkers are around to make sure they get their facts straight.

Now, the Ninth Circuit Court of Appeals, based here in San Francisco, apparently agrees"

http://www.steveheimoff.com/index.php/2014/01/21/on-blogging-incorrect-claims-and-the-constitution/

"Did hell just freeze over? 
The 9th circus just upheld the Constitution."

Comment Here
http://townhall.com/news/politics-elections/2014/01/17/court-bloggers-have-first-amendment-protections-n1780918

"The US Court of Appeals decision should make blogging as well as social media in the Philippines more alive. Freedom is power. But as Uncle Ben told Spiderman, “With great power comes great responsibility.”
http://www.ellentordesillas.com/2014/01/29/roque-bloggers-enjoy-same-protection-as-journalists-2/



"Confirmed: Bloggers Have First Amendment Rights as Corporate Media"


"Kudos to Free Speech Warriors - Crystal L. Cox and Eugene Volokh!  
A big mahalo to Crystal L. Cox and Eugence Volokh for their valiant 
efforts to protect free press and free speech!"

http://www.huffingtonpost.com/choon-james/confirmed-bloggers-have-f_b_4657313.html

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