A Twitter Exception for Defamation? [Post by Venkat Balasubramani] William Charron pubished a short piece for the Berkeley Journal of Entertainment and Sports Law that caught my eye (“Twitter: A “Caveat Emptor” Exception to Libel Law” [pdf]). His central point: Twitter’s characteristics and limitations should negate any expectation of a “reasonable reader” that Twitter is a repository or stand-alone facts and unassailable “truth.”
To the contrary, Twitter is a free-for-all marketplace for stream-of-consciousness thoughts and exclamations, and for unguarded and unedited personal observations, discussion, and entertainment. Charron highlights the difference between fact and opinion in defamation law generally, and notes that courts have historically looked to context in determining whether something is reasonably understood to be “figurative” or “hyperbolic.” According to Charron, courts have taken this approach when reviewing defamation claims based on statements in chat rooms, message boards, and blogs. Court rules Crystal Cox, law blogger, is not a journalist, imposes $2.5 million judgement. Academics and Web thinkers have spent a lot of time jawboning about whether a blogger fits the definition of a journalist.
It’s an endless discussion, but this week in Oregon, the debate turned costly for one blogger. Crystal Cox, a Montanan who calls herself an investigative blogger and produces several blogs about the law, was sued in January by the investment firm Obsidian Finance Group over several opinionated blog posts that were highly critical of Obsidian and its co-founder Kevin Padrick. The firm sought $10 million in damages. Although the judge threw out several of the firm’s claims, he ruled against her on a single post and ordered her to pay $2.5 million in damages. According to The Seattle Weekly, Ms. According to The Associated Press, “U.S. In his decision, which might send a chill up the back of many nontraditional journalists, the judge wrote: Ms.
Meanwhile, Forbes did some digging and discovered that Ms. Speaking to The Oregonian, Mr. Why An Investment Firm Was Awarded $2.5 Million After Being Defamed By Blogger. Why An Investment Firm Was Awarded $2.5 Million After Being Defamed By Blogger. Crystal Cox, the blogger that was fined. Bloggers May Qualify for Journalist's Shield Law Protection.