10 Updates

Court: Bloggers have First Amendment protections

Jan 17 2014, 6:58pm CST | by

US appeals court rules bloggers, public have same First Amendment protection as journalists GRANTS PASS, Ore. (AP) — A federal appeals court ruled Friday that bloggers and the public...

Filed under: news

 
 
 

27 weeks ago

Court: Bloggers have First Amendment protections

Jan 17 2014, 6:58pm CST | by

US appeals court rules bloggers, public have same First Amendment protection as journalists

GRANTS PASS, Ore. (AP) — A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages.

The 9th U.S. Circuit Court of Appeals ordered a new trial in a defamation lawsuit brought by an Oregon bankruptcy trustee against a Montana blogger who wrote online that the court-appointed trustee criminally mishandled a bankruptcy case.

The appeals court ruled that the trustee was not a public figure, which could have invoked an even higher standard of showing the writer acted with malice, but the issue was of public concern, so the negligence standard applied.

Gregg Leslie of the Reporters Committee for the Freedom of the Press says the ruling affirms what many have long argued: 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."

Crystal L. Cox, a blogger from Eureka, Mont., was sued for defamation by Bend attorney Kevin Padrick and his company, Obsidian Finance Group LLC, after she made posts on several websites she created accusing them of fraud, corruption, money-laundering and other illegal activities. The appeals court noted Padrick and Obsidian were hired by Summit Accommodators to advise them before filing for bankruptcy, and that the U.S. Bankruptcy Court later appointed Padrick trustee in the Chapter 11 case. The court added that Summit had defrauded investors in its real estate operations through a Ponzi scheme.

A jury in 2011 had awarded Padrick and Obsidian $2.5 million.

"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," judge Andrew D. Hurwitz wrote. "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."

The appeals court upheld rulings by the District Court that other posts by Cox were constitutionally protected opinion.

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."

An attorney for Padrick said in an email that while they were disappointed in the ruling, they noted the court found, "There was no dispute that the statements were false and defamatory.

"Ms. Cox's false and defamatory statements have caused substantial damage to our clients, and we are evaluating our options with respect to the court's decision," wrote Steven M. Wilker.

Source: AP Business

 
Update
10

7 weeks ago

RM47mil KWSG contributions still unclaimed

Jun 9 2014 7:54am CDT | Source: Business Times Malaysia

KUALA LUMPUR: About RM47 million of contributions in the Teachers Provident Fund (KWSG) still remain unclaimed, the Dewan ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
9

7 weeks ago

Gold shop lost almost RM1mil

Jun 9 2014 3:50am CDT | Source: Business Times Malaysia

KANGAR: A gold shop owner lost almost RM1 million after after the safe on in his shop was broken into by robbe ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
8

7 weeks ago

Motion to debate MAS losses in Dewan Rakyat rejected

Jun 9 2014 3:39am CDT | Source: Business Times Malaysia

KUALA LUMPUR: AN emergency motion to debate the losses incurred by Malaysia Airlines last year, amounting to RM1.2 billion was rejected by the Dewan Rakyat tod ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
7

7 weeks ago

MH370 Tragedy: Hisham: RM27.6 mil spent on 1st phase of SAR

Jun 9 2014 2:11am CDT | Source: Business Times Malaysia

KUALA LUMPUR: Malaysia spent some RM27.6 million in its first phase of the search operations for missing Malaysia Airline flight MH370, said Acting Transport Minister, Datuk Seri Hishammuddi ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
6

7 weeks ago

9.1m litres of diesel seized in a month

Jun 8 2014 1:11am CDT | Source: Business Times Malaysia

PUTRAJAYA: The Domestic Trade, Cooperatives, and Consumerism ministry has seized some 9.1 million litres of diesel and property worth RM58 million since mounting ‘Operasi Diesel Selatan’ in the southern states last month ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
5

7 weeks ago

Girl, 9, awarded RM2.78m compensation for medical negligence

Jun 6 2014 4:56am CDT | Source: Business Times Malaysia

KUALA LUMPUR: A nine-year-old girl who suffered brain damage during her birth at a government hospital was awarded over RM2.78 m ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
4

7 weeks ago

Malaysia's total trade in April up 12pc

Jun 5 2014 11:52pm CDT | Source: Business Times Malaysia

KUALA LUMPUR: Malaysia's total trade in April 2014 rose by 12 per cent from a year ago to RM123.86 billion due to growing trading activities, International Trade and Industry Minister Datuk Seri Mu ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
3

7 weeks ago

Works Ministry to spend RM20m for upgrading works at 50 accident black spots

Jun 4 2014 11:35pm CDT | Source: Business Times Malaysia

JOHOR BARU: The Works Ministry will implement upgrading works at 50 accident prone locations in the country that have been identified this year involving an allocation of RM2 ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
2

7 weeks ago

Najib launches loan scheme for Ramadan traders

Jun 4 2014 10:24pm CDT | Source: Business Times Malaysia

PUTRAJAYA: Prime Minister Datuk Seri Najib Razak today launches RM45 million Ramada ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
1

7 weeks ago

Residents bring up objection against Kidex to Suhakam

Jun 4 2014 4:49am CDT | Source: Business Times Malaysia

PETALING JAYA: A group of 20 Petaling Jaya residents held a meeting with the Human Rights Commission of Malaysia (Suhakam) over their objection against the proposed RM2.2 bill ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 

Don't miss ...

 

<a href="/latest_stories/all/all/31" rel="author">Associated Press</a>
The Associated Press (AP) is one of the largest and most trusted sources of independent newsgathering, supplying a steady stream of news to its members, international subscribers and commercial customers.

 

blog comments powered by Disqus

Latest stories

US announces new sanctions on Russia over Ukraine
Washington, July 30 (IANS) Washington has imposed new sanctions on Russia's energy, arms and financial sectors over the Ukraine crisis, US President Barack Obama said Tuesday.
 
 
EU to impose more restrictive measures against Russia
Brussels, July 30 (IANS) The European Union (EU) has agreed a package of "significant" additional restrictive measures targeting sectoral cooperation and exchanges with Russia, the European Council said in a statement Tuesday.
 
 
Green spaces impact birth weight positively
London, July 29 (IANS) Where expecting mothers live can also have a bearing on the birth weight of their babies as researchers have found that mothers who live near green spaces deliver babies with significantly higher birth weights.
 
 
What makes you a pessimist?
London, July 29 (IANS) Cannot see thing turning out to be all right? A hyperactive habenula, half the size of a pea in the brain that tracks predictions about negative events, could be the key, a study suggests.
 
 
 

Latest from the Network

Only 3,200 tigers left in the wild
Geneva, July 30 (IANS/EFE) Of the 100,000 tigers that once roamed in the wild a century ago, only 3,200 are left behind, the World Wide Fund (WWF) for Nature has revealed in a report. WWF has also offered to assist...
Read more on Politics Balla
 
US sees 'steady' progress in Iran n-talks
Washington, July 30 (IANS) The chief US negotiator in Iran nuclear talks Tuesday cited "significant and steady" progress over the past six months, but would not say whether the negotiations would be further extended...
Read more on Politics Balla
 
Bradley Cooper learning to flip burgers
London, July 30 (IANS) Actor Bradley Cooper, who will be seen as a chef in his next film, tried to learn how to flip burgers at a fast food chain in preparation for the role. The "Hangover" star decided to practice...
Read more on Celebrity Balla
 
US announces new sanctions on Russia over Ukraine
Washington, July 30 (IANS) Washington has imposed new sanctions on Russia's energy, arms and financial sectors over the Ukraine crisis, US President Barack Obama said Tuesday. Building on measures unveiled two weeks...
Read more on Politics Balla
 
Jamie Foxx to play Mike Tyson in biopic
Los Angeles, July 30 (IANS) Actor Jamie Foxx will reportedly be transformed into Mike Tyson for a new biopic. Foxx, 46, would be transformed by the CGI technology that changed Brad Pitt from an old man to a baby in "...
Read more on Celebrity Balla
 
'Israeli overnight strikes kill 13 in Gaza'
Gaza, July 30 (IANS) Israeli strikes carried out overnight Tuesday killed 13 more Palestinians following the artillery shelling on Jabalia town in northern Gaza Strip, medics said. The Palestinians, including a...
Read more on Politics Balla
 
Obama writes to Putin over missile treaty violation
Washington, July 30 (IANS) US President Barack Obama has written to his Russian counterpart Vladimir Putin over Moscow's breach of a 1987 missile treaty, the White House said Tuesday. The treaty bans ground-launched...
Read more on Politics Balla
 
Katy Perry parties with Diplo
Katy Perry partied with Diplo in Las Vegas on Monday night (07.28.14). The 'Dark Horse' hitmaker, who reportedly rekindled her romance with the DJ, real name Thomas Pentz, last month, was spotted enjoying a cosy dinner...
Read more on Celebrity Balla
 
Adrienne Bailon regrets appearing on 'KUWTK'
Adrienne Bailon claims dating Rob Kardashian hurt her career. The 30-year-old singer, who split from the reality TV star in 2009 after two years of dating and later underwent laser treatment to get a tattoo of his name...
Read more on Celebrity Balla
 
Chloe Grace Moretz doesn't want a boyfriend
Chloë Grace Moretz thinks she's too young to have a serious boyfriend. The 'Equalizer' star admits she usually takes her mother, Teri, or brother Trevor to red carpet events, as she doesn't want to ''waste away'' her...
Read more on Celebrity Balla