A US Federal judge decides that HE is the ONLY judge of who is an ‘authorized journalist' and who is not.
The ruling by Judge Marco A. Hernández began as a lawsuit filed against Internet blogger Crystal Cox that accused her of defaming Oregon
attorney Kevin Padrick with writings on her website that called him
corrupt.
Kevin Padrick was working as a trustee in the bankruptcy case of an Oregon-based real estate firm, Summit Accommodators Inc.
After Summit unraveled, executives with the firm were charged with wire fraud and money laundering over an alleged scheme that saw customers lose millions, according to the FBI.
Cox representing herself (ALWAYS a BAD Move)presented arguments seeking legal protections given to the media on the grounds that, in her view,KEVIN PADRICK and his company, Obsidian Finance Group, were public figures.
US Media organizations are protected by ”actual malice” legal standard established in a 1964 U.S. Supreme Court decision, which holds that under the First Amendment, journalists to be liable for defamation must know or have warning signs their inflammatory statements against a public figure are false.
David Ardia, co-director of the University of North Carolina center for media law and policy, said the judge exhibited a “cramped and myopic” view of journalism in his ruling against Cox.
“There is no accepted definition of journalism or who is a journalist,” he said. “Judges have wisely shied away from wading into that debate unless they absolutely have to.”
John Barrows, executive director of the Montana Newspaper Association, told Reuters he found the ruling “troubling” but that his group would review it further.
U.S. District Judge Marco A. Hernández ruled that “investigative blogger” Crystal L. Cox “was not a journalist and cannot claim the protections afforded to mainstream reporters and news outlets.”
In his ruling Judge Marco A. Hernández arbitrarily decided “investigative blogger” Crystal L. Cox Montana blogger was
not acting as a journalist when she lambasted an Oregon attorney in
online statements.
Kevin Padrick was working as a trustee in the bankruptcy case of an Oregon-based real estate firm, Summit Accommodators Inc.
After Summit unraveled, executives with the firm were charged with wire fraud and money laundering over an alleged scheme that saw customers lose millions, according to the FBI.
Cox representing herself (ALWAYS a BAD Move)presented arguments seeking legal protections given to the media on the grounds that, in her view,KEVIN PADRICK and his company, Obsidian Finance Group, were public figures.
US Media organizations are protected by ”actual malice” legal standard established in a 1964 U.S. Supreme Court decision, which holds that under the First Amendment, journalists to be liable for defamation must know or have warning signs their inflammatory statements against a public figure are false.
David Ardia, co-director of the University of North Carolina center for media law and policy, said the judge exhibited a “cramped and myopic” view of journalism in his ruling against Cox.
“There is no accepted definition of journalism or who is a journalist,” he said. “Judges have wisely shied away from wading into that debate unless they absolutely have to.”
John Barrows, executive director of the Montana Newspaper Association, told Reuters he found the ruling “troubling” but that his group would review it further.
WHO or WHAT qualifies as a Journalist in the United States?
The Central Intelligence Agency( C.I.A.) and the National Security Agency (N.S.A.) have BOTH said Internet Bloggers are modern day 21st century Journalists. The Central Intelligence Agency (CIA) and the National Security
Agency (NSA) have altered policies to indicate they’re taking blogs
seriously, and a growing number of public offices are actively reaching
out to the blogosphere. The CIA recently updated its policies on Freedom
of Information Act requests to allow bloggers to qualify for special
treatment once reserved for old-school reporters. Last August, the NSA issued a directive to its employees to report leaks
of classified information to the media — "including Internet BLOGGERS!"
At the the criminal trial of former White House aide "Scooter" Libby
was the first time a federal court had issued press credentials to
bloggers.
Adding more to the issue...
The press, once again, has been expanded"
said New York University journalism
professor (and blogger) Jay Rosen.
"It’s not fundamentally different
than other moments in earlier eras," Rosen explained. "Radio reporters
had to be added to newspaper reporters, which were originally ‘the
press.’ Public institutions had to make accommodations for television
cameras when they became part of ‘the press.’" While some agencies are
changing their policies — in the CIA’s case, they are granting bloggers a
waiver on fees for copying the documents it releases to requesters once
available only to traditional media.
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