Skip to comments.Court: Bloggers have First Amendment Protections
Posted on 01/18/2014 7:59:53 AM PST by opentalk
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.
(Excerpt) Read more at bigstory.ap.org ...
Good news, if it continues to be upheld.
The mainstream media and Dems and GOP-Elites were hoping that only ‘approved’ journalists could garner such constitutional protection. That way, they could go after any blogger who wrote things they didn’t like.
Yes they got this one right. The anti 1st amendment crowd was next going to go after distention on facebook,freerepublic,and everywhere else.
Has anyone told humblegunner?
(I know, I know, FR is private property)
And in this particular case, the ruling may do more harm than good. The court fully acknowledged that the blogger made false and defamatory statements against the plaintiff in the case, but overturned the award for damages due to the failure of the judge in the civil case to give the proper instructions to the jury about the defendant's First Amendment rights (which may not apply anyway).
I’m wondering how anyone would go about suing some anonymous blogger using a library computer in the first place.
Is this from the Onion/Scrapple Face? Surely, the 9th Circus couldn’t have gotten one right, could they?
OR, if the blogger is so obscure, how would you know what s/he wrote about you (or about anything else)?
> 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.
Looks good, but wait, I’m sure the other shoe will drop.