Most of us are now aware that an Oregon Judge purportedly drew a line in the sand between "journalist" and "blogger" - in the $2.5 million dollar award against self proclaimed "Investigative Journalist" Crystal Cox. (See Seattle Times story (here)). While there are vast arguments about what Crystal Cox did or did not do - a noteworthy team has magnamously stepped forward and volunteered to defend her case (and thus BLOG lines too). KUDOs much to that of UCLA Professor Volokh (of the Volokh Conspiracy BLOG) and his affiliated local counsel, Benjamin Souede of Angeli Law Group LLC.
You can see Volokh's public announce of December 23, 2003, as it best details the issue far beyond the petty remarks, snipes, banter, hyperbole and purported unbiased criticisms of Crystal Cox for being a bad writer - etc. Aptly framed to be a story in point Professor Volokh entitled the announcing;
"New Pro Bono Case on Whether First Amendment Libel Rules are Limited to Institutional Media Defendants"
and Professor Eugene Volokh states the "real" case on point in 1 paragraph;
Gertz v. Robert Welch, Inc. (1974) held that even private-figure libel plaintiffs (1) may not recover proven compensatory damages unless the defendant was at least negligent in its investigation, and (2) may not recover presumed or punitive damages unless the defendant knew the statement was false or recklessly disregarded a known and substantial risk that the statements were false. The District Court in Obsidian Finance held that the defendant was not entitled to the protection of Gertz, because she was not a member of the “media.” But as I’ve argued in my forthcoming University of Pennsylvania Law Review article, Freedom for the Press as an Industry, or for the Press as a Technology? From the Framing to Today, the First Amendment has historically been understood as protecting people who use mass communications technology equally, whether or not they are members of the institutional media. I much look forward to litigating this case, and, I hope, getting the District Court decision reversed.
Crystal Cox came to me out of the clear blue several years back - volunteering to do pieces on the eToys fraud and corruption cases. At that time, as now - we both get slammed for being "bad writers" and more. In the eToys related cases I am like an attorney trying to represent himself (as a matter of fact I am forced to do so).
Even the best of counsel's are warned not to be a fool as a client - because when it is "your" case - you are "too" involved to stay away from the emotional pitfalls that lose both judge and juries. But Crystal had an endearing quality, she was being altruistic and actually took the time to learn a little about the law on "Conflict of Interest" issues. Thus, in the Obsidian case - she felt her literary shot guns were loaded for bear.
Alas, both her and I are obviously in serious need of a writing coach/ teacher. Be that as it may - Crystal's heart is in the right place - she cares to stand tall against manifest injustice; and, unfortunately, that is a character trait sorely lacking these days.
Since our original meeting, Crystal has brought several causes to my attention, has worked for me on occassion (teaching me which blog tools she suggest and what words to utilize etc) - and, though we have never actually met, we consider one another as friends. Thus, I told several naysayers and ad hominem protractors - that I would learn her efforts on Obsidian in detail and post them here and elsewhere. I am pro Crystal and pray that her writing style improves - because it will help her cause(s) even further. She now has her 15 minutes of fame and I hope it turns into 15 years - for she is one of the good ones and we need more like her.
You can see my original posting and the banter/ battles in the comment section of this Diary where it is mostly myself and one reminding me how worthless I am (here). For some inexplicable reason - I am his personal banning mission. Be that as it may - there's much more at stake here - than an attorney's personal dislike of my quest to punish another attorney. Worth much more than several cases is the real issue at hand ' Censorship". For while many will speak out their disdain of myself and find fault with Crystal for not being a MSM acceptable - I would argue that MSM is in actuality the defacto "bogus" (propoganda) media and - that the purported opposite - Blogging/ InterNet sites - are the real "TRUE" media's of this modern day. Why we are here at DailyKos - is the fact we can speak our minds, vent our candidates and push our causes; hopefully with only donut baggers to worry about.
Here are some samples of Crystal's works;
http://www.liquidatingtrustee.com/
This is just one of Crystal's many blogs on the Obsidian / Kevin Padrick issue
http://www.obsidianfinancesucks.com/
Diaries on the Crystal Cox case
The $2.5M blogger verdict: Three truths
and - what I find as an inexplicable and inept effort to find corroborative evidence that Crystal Cox doesn't belong in the Blogging realm; as denoted by 2nd "follow up" utilizing the NY Times as a (purported) validation - it is entitled -
NYT Followup on the $2.5M Blogger Verdict
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Laser Haas's Critique of those critiques of Crystal Cox
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Yes, I am well aware that many of my supporters have warned me about taking on the powers that be and their warning of my impending doom. To them and all of you I say - "If that is the way DK land truly is - then I most certainly don't belong here - BAN AWAY" I am here because I believe we are better than facists ....
Until that("ban") time - I will say what many others should be saying.
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- No. 1 - each and every time there are rails against Laser Haas - many neglect to point out the fact that they are an ATTORNEY at LAW
- No. 2 - and it would appear that loyalties are to circle the wagon's on the legal professions 1st and then all else 2nd.
- No. 3 - If my writings and Crystals bugs you so much - then feel free to do the subject matter yourself. We know it is better if others tell our story - Instead.
- No. 4 - As in the eToys case - if justice ever comes - naysayers will look silly. So shall the detracting hordes look awkward - if Volokh wins the Crystal Appeal - and research bares out her allegations as true
Why Occupy Wall Street became a worldwide phenom in just a few months - is the fact that we (the 99%) - have had Enough Already! Everywhere we turn - things are out of control. Mosanto can do what they want with our food supply, Haliburton can ignore EPA mandates in the Gulf clean up, wars are continuously dumping billions upon billions into a select few pockets - at the expense of us all. And the Robber Baron's of modern day - Goldman Sachs, Bank of America, Wells Fargo, Citi Bank, JP Morgan Chase - can foreclose on homes with forged paperwork and our tax paid for Judges will simply let them get away with it all.
Enough is Enough Already - Occupy Wall Street, Los Angeles and all else is VALID.
We need Elizabeth Warren's EVERYWHERE
But = Most of All = We need to take back our American Soul.
No longer can we simply say we are the White Hat Good Guys of the world. The SEC is boasting it destroyed case files, the whistle blower section of the Dept of Justice own Director (Scott Bloch) destroyed case files and Manning is on trial for bring us information by a purported forbidden venue - when it should be a standard - that we have NOTHING TO HIDE or Be Ashamed of.
Many are correct - Crystal's writing style could use improving. But her Chutzpah has no equal. Anyone that seeks to quash such a pure spirit for our good American Soul is an enemy of us all and most certainly not on my good side! Crystal Cox is one whose tenacity and relentless pursuits of justice for our America makes me weep in a joyful, heartfelt way. If I could, I would hug her the rest of my life and place her in warmth and security extraordinaire.
G-d Bless You Crystal Cox!
Arguing that a single judge got it right - in the $2.5 million slam of a Blogger who was void of counsel is the same thing as stating that the Oklahoma system of justice got it correct in sending a1st time offending Spottedcrow mother of 4 to prison for 10 years due to $31 of marijuana.
Pushing forth verbally reinforced BS as veracity does not make crap into gold!