Federal Judge Rules Blogger Not Journalist in Defamation Case

By | December 9, 2011

  • December 9, 2011 at 2:21 pm
    Anejo says:
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    Just to be safe. I have never meant nor will ever mean anything I say in any blog to be taken seriously if it in any way offends any person real or fictional.

    • December 9, 2011 at 3:49 pm
      The Other Point of View says:
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      LOL. :)

  • December 9, 2011 at 2:23 pm
    Tami says:
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    So, where does “freedom of speach” come in??? I think our legal system needs to be completely redesigned, it’s clearly broken……

    • December 9, 2011 at 3:14 pm
      M.L. says:
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      There is no protection of freedom of speech if the speech causes injury. IE: if the speech was false.

      If someone was out spreading lies about me and my business, I would want them prosecuted. Defamation is ugly.

    • December 9, 2011 at 3:53 pm
      The Other Point of View says:
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      It’s not broken. I think you just have a misunderstanding about what Freedom of Speech means. Freedom of speech does not allow you to libel or slander someone, nor does it allow you to shout “Fire!” in a crowded theater.

  • December 9, 2011 at 2:27 pm
    Jon says:
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    The judge really did step into murky waters this time.

    I’m guessing the appeal, particularly if the blogger wises up and gets an attorney.

    Companies, lawyers, and even news networks are all using the bloggins medium to present op/ed pieces and this lady is really no different.

    Of course, had she retained an attorney from the get go, the case may have gone differently. Judges tend to frown upon people choosing to represent themselves in court.

  • December 9, 2011 at 3:26 pm
    Sarah says:
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    I really like all attorneys, Really! No kidding! They are wonderful! LOL……. JK!

    I guess I will have to tone down the rhetoric in my blogging. Oh well? “not near as much fun as letting the blood sucking leaches have it!”

  • December 10, 2011 at 8:18 am
    Systemic risk says:
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    For the most part bloggers have acted responsibly & are critical to our freedom. The mainstream media & the profession of journalism, have clearly not done their job in reporting. Why? They are controlled by their corporate advertisers & are very careful not to upset their other masters, meaning Federal, State & local governments.
    If even the good bloggers who are in the majority are restrained by this & other similar rulings, are we now descending into fascism?
    Do I need to be concerned that I will be sued even for this opinion?

  • December 10, 2011 at 12:15 pm
    reality check says:
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    @ the other point of view:

    Actually after intensive study I have found that no court ruling anywhere ever has said specifically that libel and slander cannot be freely spoken. I have found thousands of laws on books everywhere that allow poeple unjustly spoken of to seek remedy for such speech , but never have I seen it barred. I guess that’s the difference between free nations and socialist ones. free ones think you should be responsible for your actions. socialist nations tell you how to talk and think.

  • December 11, 2011 at 10:48 am
    Desert Rat says:
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    Counter view from an activist: http://www.pixiq.com/article/montana-blogger-must-start-acting-like-a-journalist

    This was a smear campaign which is civil tort, journalist or not.

  • December 11, 2011 at 9:33 pm
    Linda Joy Adams says:
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    Everything I blog is documented usually by the govt itself. i don’t reveal all my sources and don’t pretend to reveal them unless asked to do so in court or offical proceeding where some protection might be afforded to those named. rendering an opinion then i will use a ? mark after the statement so it can be discerned as my opinion or that of another blogger I can’t confirm. Again our eductional system is not teaching the basics for the modern world as when i went to school so many years ago. It was part of standard English classes to get some basics of ethical journalism. Linda joy Adams the only ones I may offend are those who are doing me documented physcial or financial harm amd I am trying to get them to change what they are doing to me.

  • December 13, 2011 at 12:32 pm
    Sarah says:
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    I just find it hillarious that blogger actually think of themselves as journalists! LMAO! These people can hardly put a thought in writing much less have it taken seriously.

    Free speach should be constrained to facts not emotion.

    • December 13, 2011 at 2:10 pm
      Dee says:
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      Really, Sarah – we should not be free to express our emotions? “Facts” frequently contain an emotional element, if you dig down far enough. I’m not sure of my facts… but will speculate that the definition of freedom does not include fine print constraining emotional expression.

      Agree that 99% of bloggers don’t fit the same mold as journalists – but there are some ‘journalists’ who appear to be a lot more like bloggers.



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