Blogger Loses Slander Case and Self Described Title of "Journalist"

In Oregon, Blogger Crystal Cox lost a defamation case and now owes Obsidian Finance Group $2.5 million. Cox made accusations in her blog about said financial group including untrue defamation that led her straight into a courtroom. Cox included information in her blog from an “unnamed source,” and stood behind, “Oregon's journalism shield law to protect that source's identity.” However beyond what was said and whose ego was bruised the main issue in this case was whether or not Cox was considered to be a journalist.

Cox represented herself in the case and moved to have her case dismissed stating her blog, like many others, were all based on opinions and commentary. Hernandez concluded that the single post in question was “…more factual in tone than her other posts, and therefore a reasonable person could conclude it was factual.”  Cox claimed this was more factual due to the “inside source” she had contacted, however under the Oregon shield laws she believed she didn’t have to reveal that source, the judge however had a different opinion.

There was no doubt Cox was an avid blogger, but in terms of being protected by journalism laws, the judge had a different take than Cox on who exactly was a journalist. Judge Hernandez of the U.S. District Court deemed Cox a “self-proclaimed” investigative blogger who “defines herself as media.” Due to this opinion Oregon’s “media shield laws” do not apply to her or protect her, thus the judge charged her with slander.

This case took place in 2011, however retroactively in 2005 another case similar to this one arguing who the shield laws should protect argued journalists should not have to be employed, however Hernandez stood firm in his decision on Cox. Hernandez also included that the civil defamation suit would not have passed even if she were protected by the shield laws due to the things stated in her blog.

Citings:
Carter, Curtis. "Crystal Cox, Oregon Blogger, Isn't a Journalist, Concludes U.S. Court--Imposes $2.5 Million Judgement on Her ." Seattle Weekly. N.p., 12/06/2011. Web. 19 Feb 2012. <http://blogs.seattleweekly.com/dailyweekly/2011/12/crystal_cox_oregon_blogger_isn.php>. 

 Doherty, Brian. "Blogger Loses Defamation Case, Judge Weighs in on Who is "Really" a Journalist ." Reason, Hit & Run. N.p., 12/07/2011. Web. 19 Feb 2012. http://reason.com/blog/2011/12/07/blogger-in-oregon-loses-defamation-case