Bad news for bloggers; the courts love to protect journalists, even those shysters who use 'anonymous' sources that have directly led to the rash of modern journalists inventing even Pulitzer Prize-winning stories that were made from whole cloth - but bloggers are not under that umbrella.
Uber-progressive Oregon is, no surprise, not on the side of the little guy here and instead went with the most expensive attorney. U.S. District Judge Marco Hernandez declared last week that a blogger does not get the same protection as a journalist and so can be sued for defamation.
The judge said Montana blogger Crystal L. Cox, who called attorney Kevin Padrick a thug and a thief online during bankruptcy proceedings by him and Obsidian Finance Group LLC, was not protected by Oregon's shield law from having to produce sources because she was not affiliated with any mainstream outlet; she offered no professional qualifications as a journalist, had no journalism education, credentials or affiliation with a recognized news outlet, proof of adhering to journalistic standards such as editing or checking her facts, evidence she produced an independent product or evidence she ever tried to get both sides of the story.
Oh my. If balance or evidence or expertise is now required, 98% of science bloggers had better get ready for lawsuits from Republicans, religious groups and Exxon.
Federal judge: Montana blogger is not journalist By Jeff Barnard, Associated Press
Uber-progressive Oregon is, no surprise, not on the side of the little guy here and instead went with the most expensive attorney. U.S. District Judge Marco Hernandez declared last week that a blogger does not get the same protection as a journalist and so can be sued for defamation.
The judge said Montana blogger Crystal L. Cox, who called attorney Kevin Padrick a thug and a thief online during bankruptcy proceedings by him and Obsidian Finance Group LLC, was not protected by Oregon's shield law from having to produce sources because she was not affiliated with any mainstream outlet; she offered no professional qualifications as a journalist, had no journalism education, credentials or affiliation with a recognized news outlet, proof of adhering to journalistic standards such as editing or checking her facts, evidence she produced an independent product or evidence she ever tried to get both sides of the story.
Oh my. If balance or evidence or expertise is now required, 98% of science bloggers had better get ready for lawsuits from Republicans, religious groups and Exxon.
Federal judge: Montana blogger is not journalist By Jeff Barnard, Associated Press
The headline of this post is a little misleading because Oregon's "shield" law is a matter of state law, not the Constitution. The state of Oregon can protect or unprotect bloggers as it sees fit, so long as it avoids a conflict with the Constitution.
This doesn't change the import of the story, of course, especially for bloggers who can be sued in Oregon.