Wednesday, November 26, 2014

Crystal Cox Blogger; the VERY first Federal Court of Appeals Case that SPECIFICALLY Protects the RIGHTS of Bloggers.

"Blogger protected by 1st Amendment, appeals court says"

"federal appeals court unanimously overturned a defamation award against a blogger ..., ruling that 1st Amendment protections for traditional news media extend to individuals posting on the Web.
The protections of the 1st Amendment do not turn on whether the defendant was a trained journalist, formally affiliated with traditional news entities,”

Judge Andrew D. Hurwitz wrote for a three-judge panel of the U.S. 9th Circuit Court of Appeals.

The panel said its holding was the first of its kind within the 9th Circuit but that other circuit courts already have extended protections for journalists to individual speakers."


“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."

Ninth Circuit Crystal Cox Case; ALL Citizen Journalists, All Bloggers NOW Have EQUAL Free Speech, First Amendment Rights as the Biggest News Media Corporations.

Citizen Journalists Have Same Rights as News Media
 

"This case is important to the future of citizen journalism because of the crusade against freedom of speech being perpetrated by members of Congress."

"The 9th Circuit Court of Appeals ruled ... that bloggers have the same 1st Amendment rights as established journalists when involved in a defamation of character suit; as long as the issue is of public concern.

The outcome of this case establishes the fact that protections afforded the news media are not exclusive to their realm, but are also extended to citizen journalists and bloggers.

The decision was entered because of a defamation lawsuit brought in Oregon concerning a blogger ...."

"US District Court Judge Marco Hernandez originally denied Cox the right of journalistic protection."

Hurwitz continued: “Because Cox’s blog post addressed a matter of public concern, even assuming that Gertz is limited to such speech, the district court should have instructed the jury that it could not find Cox liable for defamation unless it found that she acted negligently. We hold that liability for a defamatory blog post involving a matter of public concern cannot be imposed without proof of fault and actual damages.”

Most importantly, the judges found that “under the 1st Amendment, it doesn’t matter whether the person accused of defamation is a professional journalist, an amateur whistle-blower or a crank with a Web page.”

This case highlights the findings in 1974 wherein the US Supreme Court wrote that freedom of the press applies to everyone – not only journalists.

Eugene Volokh, professor of law at the University of California at Los Angeles, commented on the Cox case:

 “It makes clear that bloggers have the same First Amendment rights as professional journalists. 

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.”

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


Blogger Crystal Cox has NEVER sought a Pay Off for Reporting on Corruption on 1500 blogs for over a decade. NOT One Time, EVER. 

Blogger Crystal Cox has been defamed, harassed and painted in false light by Big Media, Legal Bloggers, Attorney Marc Randazza's alleged Gang Stalking attorneys and bloggers, as well as rogue attorneys and overreaching Judges. 

Crystal Cox has NEVER been under Investigation for Extortion, nor has Blogger Crystal Cox ever been convicted of extortion at anytime. 

Crystal Cox Blogger sets precedence for ALL Bloggers; NOW, as a Matter of LAW. All Bloggers have Equal Rights as All Traditional Journalists and Reporters in the main stream Institutional Press.

"Bloggers have same First Amendment rights as the Press" Due to the January 2014 Landmark Court Ruling of Anti-Corruption Blogger Crystal L. Cox; Crystal Cox Case; Crystal Cox Blogger

"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."

"The Ninth circuit added that the blogger could not be held liable for "presumed damages" without a showing of "actual malice" -- that she knew the post was false or acted with reckless disregard of its truth or falsity.

"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: “With the advent of the Internet and the decline of print and broadcast media . . . the line between the media and others who wish to comment on political and social issues becomes far more blurred.”

 Citizens United , 558 U .S. at 352. In defamation cases, the public-figure status of a plaintiff and the public importance of the statement at issue—not the identity of the speaker—provide the First Amendment touchstones," the Ninth Circuit said."

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


Blogs are the NEWS

Crystal Cox Blogger; Crystal Cox Free Speech, First Amendment Case. Major First Amendment / Free Speech Ruling Levels the Playing Field

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.


"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 .. an attorney and ... his company. 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."

"The Reports Committee for the Freedom of the Press 
also provided its statements in Barnard's article:
"Standards set by a 1974 U.S. Supreme Court ruling, Gertz v. Robert Welch Inc., apply to everyone, not just journalists.
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."
Barnard further reported that:
Though Cox acted as her own attorney, UCLA law professor Eugene Volokh, who had written an article on the issue, learned of her case and offered to represent her in an appeal. Volokh said such cases usually end up settled without trial, and it was rare for one to reach the federal appeals court level.
"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.huffingtonpost.com/choon-james/confirmed-bloggers-have-f_b_4657313.html

Bloggers, Journalists, New Media and the Crystal Cox Case