David Carr has a thorough piece about a blogger named Crystal Cox, who was on the receiving end of a $2.5 million defamation judgment where the judge ruled that she wasn’t a journalist. Cox created an interlinked group of websites to attack attorney Kevin Padrick, who was a trustee in a property firm bankruptcy.
Carr does a good job running through the lies that Cox told, but it’s also worth noting two other facets in the ruling that Reuters mentions:
“Based on the evidence presented at the time of trial, I conclude that plaintiffs are not public figures, defendant is not ‘media’ and the statements at issue were not made on an issue of public concern,” the judge wrote in his ruling. “Thus, there are not First Amendment implications.”
When I first saw the headlines on this story I was concerned, because subjects of blog posts sometimes trot out the word “defamation” if they don’t like what we write about them. After reading Carr’s piece and the judge’s comment that Padrick wasn’t a public figure and didn’t do anything of public concern, I’m less worried that some noisemaker can extract a judgment from bloggers commenting on politics and who have at least a nodding acquaintance with the truth.
MattF
Also, the business about the plaintiff not being a public figure is very important. Commentary about public figures has to pass a much more stringent test before being libelous. IANAL, but this case is pretty famous:
http://en.wikipedia.org/wiki/New_York_Times_Co._v._Sullivan
JPL
Let me the first to say that Mistermix is a big non-defamer.
So sue me.
Seriously, what an interesting article and thanks to MattF for the link to wiki about NYT vs Sullivan case. The ruling seemed just and hopefully it does not get overturned on appeal.
jibeaux
Right, the public figure / matter of public concern thing is very important. If you don’t have either one, your defamation starts to look a lot more like an ugly personal vendetta. I don’t know what to call DougJ’s relationship with Bobo, but he should be pretty safe as long as the NYT keeps inexplicably printing Bobo’s columns. :)
Comrade Javamanphil
A good story but I did note he couldn’t stop himself from including the obligatory “If only we journalists were still the gatekeepers of truth before all these bloggers appeared this would never have happened” paragraph.
Campionrules
LOL… Yeah, Journalists have never been the gatekeepers of truth….ever – well, maybe in their alcohol fueled daydreams.
The most important fact to take away from this whole deal – setting aside the initial overreaction about FWEEDOM! – is that never, ever, under any circumstance, EVEN if you are lawyer, do you represent yourself in court. Just say no, kids.
Svensker
Eli’s backup is a journalist? Thas good, because as a QB he’s strictly sacksville.
Mark
I’m about to read the article, but my first thought before starting is…Isn’t David Carr the former heroin addict who now writes all of these moralizing pieces attacking the little people while giving a pass to the rich and powerful?
Mark
“In the pre-Web days, someone like Ms. Cox might have been one more obsessive in the lobby of a newspaper, waiting to show a reporter a stack of documents that proved the biggest story never told. The Web has allowed Ms. Cox to cut out the middleman; various blogs give voice to her every theory, and search algorithms give her work prominence.”
Carr’s lamenting that, of course, but that’s the essence of blogging. Sometimes, clearly, it goes wrong, but fundamentally, the obsessives out there who are chasing the truth are more likely to find it than the lazy-ass reporters employed by our major newspapers.
catclub
Did any one else read “who was on the receiving end of a $2.5 million defamation judgment”
and not know whether she will pay $2.5M or recieve it?
mistermix
@catclub: Hmm, the “wrong end” would have been better.
@ the Carr comemnts: Yes, Carr’s definitely a dinosaur gatekeeper type who’s very enamored with his position at the NYT.
gaz
Crystal Cox sounds like a porno stage name.
Her parents must hate her.
The Other Chuck
What, no “Blogger Ethics Panel” tag?
jacksmith
REALITY!!
( http://my.firedoglake.com/iflizwerequeen/2011/05/16/how-about-a-little-truth-about-what-the-majority-want-for-health-care/ )
( Gov. Peter Shumlin: Real Healthcare reform — http://www.youtube.com/watch?v=8yFUbkVCsZ4 )
( Health Care Budget Deficit Calculator — http://www.cepr.net/calculators/hc/hc-calculator.html )
( Briefing: Dean Baker on Boosting the Economy by Saving Healthcare http://t.co/fmVz8nM )
START NOW!
As you all know. Had congress passed a single-payer or government-run robust Public Option CHOICE! available to everyone on day one, our economy and jobs would have taken off like a rocket. And still will. Single-payer would be best. But a government-run robust Public Option CHOICE! that can lead to a single-payer system is the least you can accept. It’s not about competing with for-profit healthcare and for-profit health insurance. It’s about replacing it with Universal Healthcare Assurance. Everyone knows this now.
The message from the midterm elections was clear. The American people want real healthcare reform. They want that individual mandate requiring them to buy private health insurance abolished. And they want a government-run robust public option CHOICE! available to everyone on day one. And they want it now.
They want Drug re-importation, and abolishment, or strong restrictions on patents for biologic and prescription drugs. And government controlled and negotiated drug and medical cost. They want back control of their healthcare system from the Medical Industrial Complex. And they want it NOW!
THE AMERICAN PEOPLE WILL NOT, AND MUST NOT, ALLOW AN INDIVIDUAL MANDATE TO STAND WITHOUT A STRONG GOVERNMENT-RUN PUBLIC OPTION CHOICE! AVAILABLE TO EVERYONE.
For-profit health insurance is extremely unethical, and morally repugnant. It’s as morally repugnant as slavery was. And few if any decent Americans are going to allow them-self to be compelled to support such an unethical and immoral crime against humanity.
This is a matter of National and Global security. There can be NO MORE EXCUSES.
Further, we want that corrupt, undemocratic filibuster abolished. Whats the point of an election if one corrupt member of congress can block the will of the people, and any legislation the majority wants. And do it in secret. Give me a break people.
Also, unemployment healthcare benefits are critically needed. But they should be provided through the Medicare program at cost, less the 65% government premium subsidy provided now to private for profit health insurance.
Congress should stop wasting hundreds of millions of dollars of taxpayer money on private for profit health insurance subsidies. Subsidies that cost the taxpayer 10x as much or more than Medicare does. Private for profit health insurance plans cost more. But provide dangerous and poorer quality patient care.
Republicans: GET RID OF THE INDIVIDUAL MANDATE.
Democrats: ADD A ROBUST GOVERNMENT-RUN PUBLIC OPTION TO HEALTHCARE REFORM.
This is what the American people are shouting at you. Both parties have just enough power now to do what the American people want. GET! IT! DONE! NOW!
If congress does not abolish the individual mandate. And establish a government-run public option CHOICE! before the end of 2011. EVERY! member of congress up for reelection in 2012 will face strong progressive pro public option, and anti-individual mandate replacement candidates.
Strong progressive pro “PUBLIC OPTION” CHOICE! and anti-individual mandate volunteer candidates should begin now. And start the process of replacing any and all members of congress that obstruct, or fail to add a government-run robust PUBLIC OPTION CHOICE! before the end of 2011.
We need two or three very strong progressive volunteer candidates for every member of congress that will be up for reelection in 2012. You should be fully prepared to politically EVISCERATE EVERY INCUMBENT that fails or obstructs “THE PUBLIC OPTION”. And you should be willing to step aside and support the strongest pro “PUBLIC OPTION” candidate if the need arises.
ASSUME CONGRESS WILL FAIL and SELLOUT again. So start preparing now to CUT THEIR POLITICAL THROATS. You can always step aside if they succeed. But only if they succeed. We didn’t have much time to prepare before these past midterm elections. So the American people had to use a political shotgun approach. But by 2012 you will have a scalpel.
Congress could have passed a robust government-run public option during it’s lame duck session. They knew what the American people wanted. They already had several bills on record. And the house had already passed a public option. Departing members could have left with a truly great accomplishment. And the rest of you could have solidified your job before the 2012 elections.
President Obama, you promised the American people a strong public option available to everyone. And the American people overwhelmingly supported you for it. Maybe it just wasn’t possible before. But it is now.
Knock heads. Threaten people. Or do whatever you have to. We will support you. But get us that robust public option CHOICE! available to everyone on day one before the end of 2011. Or We The People Of The United States will make the past midterm election look like a cake walk in 2012. And it will include you.
We still have a healthcare crisis in America. With hundreds of thousands dieing needlessly every year in America. And a for profit medical industrial complex that threatens the security and health of the entire world. They have already attacked the world with H1N1 killing thousands, and injuring millions. And more attacks are planned for profit, and to feed their greed.
Spread the word people.
Progressives, prepare the American peoples scalpels. It’s time to remove some politically diseased tissues.
God Bless You my fellow human beings. I’m proud to be one of you. You did good.
See you on the battle field.
Sincerely
jacksmith – WorkingClass :-)
different-church-lady
Cheap Jim
@Mark: Excuse me, crack addict.
Heroin is so 70s.
Paul in KY
Maybe Black Francis can write a song using the thread title.
sparky
she seems a rather poor standard bearer for anyone to use to argue in favor of journalism shield laws. apparently most of the defamation claims were tossed on the ground that they were so ridiculous that no sane person would think they were facts.