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         Many of you may remember our previous Diary (here) on the issues of Blogger Crystal Cox - whom an Oregon Justice ruled was not a "journalist" and therefore liable for $2.5 million in damages. Just this past week, the Federal District Court denied the Motion by UCLA Professor Volokh of the "Volokh Conspiracy" website and his co (Oregon local) counsel Benjamin Souede- who Motioned on behalf of Crystal Cox, to have a retrial. The lengty rejecting opinion is (here). The "original" court ruling November 30, 2011 stipulated that blogger Crystal Cox is not media (see decision [here]).


      What the case is about is the fact that Crystal Cox pointed out on her Blog "Obsidian Sucks" - that there are surreptitious dealings transpiring and conflicts of interest galore in the Obsidian Finance case. Because she is not a journalist per the Oregon court's ruling and a Trustee with 2 decades of public cases is (purportedly) - NOT a public figure; Crystal has been penalized to pay $2.5 million in damages. While what a judge may rule has authority - that does not mean that such is authority is in the right and dispositive 100% in judgment findings of facts and conclusions of law. Yours truly can verify unequivocally that, oft times, court's are not always kosher.

      Volokh and his co-counsel Benjamin Souede have already announced that they intend to appeal to the 9th Circuit Court. Chances are, this case may go to the U.S. Supreme Court - (unless the Ninth Circuit demonstrates some common sense). There's more than just punishing one blogger for remarks - on the line here. All the opinions out there about the Trayvon Martin case - in essence - could be held liable for the remarks pertaining to injustices perceived. What amazes me is the diametric logic absurd. You cannot say you were damaged by a Media Giant Blogger - who is liable because she is "Not a Journalist".

UPDATE 10:47 am Pacific April 3 2012

   YES - I am PROUD to defend the actions of Crystal Cox - this case is about INTENT

   I would stand on the front lines with here - if it would not do more harm than good.

   Crystal's intent is obvious to the impartial - to stop bad faith dealings criminal.

   However, I can expect no more than what Thomas Paine endured. One of the greatest patriots of our time, one of the 1st to propose guaranteed minimum income and one of the most Noble and dedicated - Great writers of all time

    died poor and ostracized for speaking to logic and truth - with only 6 at his funeral

   What many of you fail to see and hear, even the best among us, is that Crystal is fighting corruption of our federal systems of justice and in this case she is right.

    Would you dare assault a local blogger in Al Capone's day, for saying 10,000 things about his evil - because he "MAY" have gotten 1 thing wrong?

     Would you dare RUSH to defend that corrupter of city, state and federal government employees and be so quick to pounce upon the blogger who had the guts to point out what was really going on?

     When you look down upon Crystal - you are not elevating yourself - you are digging your way deeper into the abyss.

      Stick with me - I am the one who posted my thoughts, MY DIARY - public.

 You have a much better chance with me
                            I am fat, old, divorced, broke, homeless and already hated
                                                      and my demise may soon come to give you joy

                                  , thou snide and cruel -

                                              You have NO business looking down upon her

                                                   stay away from her.

Crystal's enemies, just because they want to be such - ARE MY ENEMIES

   Thomas Paine was ostracized for speaking out against Christianity

  I am CHRISTIAN - Proud of it - But would gladly die to defend his right to address

  He was great and noble - Crystal is great and noble

  Stick with your hate vented upon me - I am just a smuck who was
                Stupid enough to turn down the biggest payday of my life
                                            because I believed that was the good thing to do.

   Apparently, I am in the wrong realm - as most of you think I am a fool

                                        and you are the Genius
 

    Here's UCLA Law Professor Eugene Volokh's accounting of legal briefings germane;

If you’re interested, here are the trial court documents:

      ◦OurMemorandum in Support of the Motion for New Trial.
     ◦The [E.F.] == Foundation’s Amicus Brief in Support of the Motion for New Trial.
     ◦The plaintiffs’ Opposition.
     ◦Our Reply


In my previous Diary, I noted that the Wall Street Journal had a retort about all this in its "Am Roundup" entitled "A line in the sand". Full of hubris and high minded attitude the Wall Street Journal said;

U.S. District Court judge in Portland has drawn a distinction between ”journalist” and “blogger.” Crystal Cox, found to be the latter, was ordered to pay $2.5 million in a defamation case
Here's an example of what goes on in the "quiet" rooms - in cases Like Obsidian

      Crystal Cox had nothing invested in our eToys case. I had lost home, car, career, life savings and people involved were being threatened, harmed, kidnapped and now more than 1/2 dozen untimely deaths. All of that compounded by the fact that the head hauncho in my case is Mitt Romney. Bain and Goldman Sachs stole eToys and Crystal Cox was doing what those that claim to be the media weren't

She told the story

   Now others are going to tell it too (some already have).

   What boggles my mind, is everyone decent wants Goldman Sachs and entities like Bain to be punished for what they have done bad. In our eToys case there are 100 crimes, all visible within public docket records; which can get Goldman Sachs and Bain indicted Today! Yet, with all the banter and the fact that these cases can even end Mitt Romney's POTUS hopes - beyond the Trolls amongs us here - there are those who are supposed to care (and Want Mitt Romney DONE) - Yet, many turn a deaf ear. Long before  Mitt the pitts was in the running, Crystal Cox was on the side of good and doing work altruistically. She blogged about Romney, Bain, Goldman Sachs and their secret attorney Paul Traub for FREE - when no one else cared.

     I owe her

     And if you thought it through, she acted noble and patriotically

     We all OWE her and should encourage people like Crystal to seek the truth.

   I just wrote a letter (here) to thank her and give her some cheer in her time of need.
     

  Hope you guys and gals do so too.  No need to tip, rec etc - me - make a kind comment to her or go to her FaceBook Page Please?

   We, she, you and I - ARE the Media -

                        for we don't take money to type bogus words!

                            http://www.facebook.com/...





.
.
UPDATE
.
I wish someone else - other than I - had written this. At Professor Volokh's website, you do not see all the clamor for Crystal's demise. You see the bigger discussion on the case. You also have the fact that a venerated person (who's website, I would point out, is the Volokh Conspiracy) - that is taking great risk and great expense for the little among us who was thrust upon the national stage by a National Judicial Terroristic Spanking - because she dared to see and say 'How can they get away with this" - a Noble effort and task for which many take delight in her punishment and scorn her.
.
Here, it is well established, that even when you have evidence of great evil by the man we all wish to bring down. The mentality of the outspoken is that of screw Laser Haas, how dare he bring that case to our attention - I don't care if it proves Bain/Romney and Goldman Sachs crimes are being protected by cronyism and corruption of our federal judges and Dept of Justice personnel.

It is so much easier to just say - F&%$ Laser Haas.
.
I have to wonder how much the mob here would be attacking Crystal - instead of the issue - had someone else wrote this Diary?
.
This poor human trait that validates the cliche of "familiarity breeds contempt" that is so prevelant around here - Does as Much or even actual Worse Damage - in ruthless, verbal,  terrorism - as the Judicial Financial Terrorsim has done to Crystal and seeks to do to the entire Web/Blog realm.

It is a pee poor human trait that, instead of trying to be better human beings we try to elevate ourselves by pushing others below us. It is akin to the manner that a bully tries to make his lack of confidence feel embolden.

When a Giant brute picks on a midget and says Ha - I beat him

                                     - what did he really accomplish?

A great person around here, with more intelligence than I - has denoted that

"The Fail will continue until actual torches and pitchforks are set in motion". - Pangolin@kunstler.com

Which, unfortunately, shall not transpire, until we all comprehend a greater truth by one of the greatest among us - that;

                         qui tacet consentire videtur

 It would be more prudent to be that qui tacet way

than to be so quick to kick a dog that sought to protect us from harm

                                                       - when it is down

Poll

Crystal Cox and Blogging, is it Media/Journalism

46%22 votes
27%13 votes
8%4 votes
6%3 votes
8%4 votes

| 47 votes | Vote | Results

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Comment Preferences

  •  T&R but, you need some more detail (6+ / 0-)

    on this:

    1/2 dozen untimely deaths.
    What is that about?

    Is there a link or 2 or 3?

    It would seem you allege these bastards have gone past being bastards into serious criminality and murder.

    Or are you implying that the sheer reckless disregard for people's livelihoods has hastened people's early expiration?

    #occupywallstreet: Although I know the rhythm you'd prefer me dancing to, I'll turn my revolt into style.

    by xxdr zombiexx on Tue Apr 03, 2012 at 03:06:38 AM PDT

    •  I'll give you just 1 - if that is not enough then (3+ / 0-)
      Recommended by:
      xxdr zombiexx, Statusquomustgo, Avila

      it doesn't matter about all the rest

      Marty Lackner was involved in the fraud with Romney's secret benefactor Paul Traub, who was partner with Tom Petters and Greg Bell

      Marty Lackner was the brother of J Lackner

      When you ask how Madoff or Petter can get away with billions in fraud? The answer is willfully blind Police.

      Marty's brother J. is a Minnesota Asst US Attorney

      and the Wall Street Journal said that's not a story!

      http://minnesota.publicradio.org/...

      Not even the MN Star Tribune would tell the story.

      Because, when I started working with their reporters, all of sudden - they do what they always do

      File Bankruptcy.......... and let them all go!

      If you desire a better world - be a better person.

      by laserhaas on Tue Apr 03, 2012 at 03:11:28 AM PDT

      [ Parent ]

    •  The Wall Street Journal guys/ gals said this is BS (2+ / 0-)
      Recommended by:
      xxdr zombiexx, Avila

      that no one ever talked to me (Lackner was dead a couple of weeks before we were to meet)

      So, I asked him the same question I'll ask anyone

      HOW DO I KNOW what No One Else apparently Knows?

      HE TOLD ME....

      If you desire a better world - be a better person.

      by laserhaas on Tue Apr 03, 2012 at 03:13:47 AM PDT

      [ Parent ]

    •  An eToys shareholder had to shoot an kill an (2+ / 0-)
      Recommended by:
      xxdr zombiexx, Avila

      intruder that went nuts after one of our enemies got out of jail early and started harrassing him again.

      The only reason I am still alive, is I am homeless and stay mobile. Even then, they threw us out of hotels, towed my cars, mugged me, set me up twice and worse.

      We are battling people powerful enough to become the President of the United States

      That don't mind squashing gnats like me

      Especially when they can get others to do it for them
      in the hopes of having done a POTUS

      a Solid!

      If you desire a better world - be a better person.

      by laserhaas on Tue Apr 03, 2012 at 03:17:03 AM PDT

      [ Parent ]

  •  Enough about our cases. This D is about Crystal (2+ / 0-)
    Recommended by:
    happyman, Avila

    I am going to bed now (was going until she emailed me upset and I had to draft the letter and put up this D - cause I have 3 planned in the morning)

    Thanks NIte Owls...

    If you desire a better world - be a better person.

    by laserhaas on Tue Apr 03, 2012 at 03:18:29 AM PDT

  •  My understanding at the time was that the... (15+ / 0-)

    ...blogger/journalist distinction was not essential to the finding against her, or more precisely, that whatever her de facto job title was, the substance of what she said was plainly libelous and done with malicious intent.  If Tom Friedman has said what she said, he'd be in trouble too.  She made things up out of thin air with the intent to ruin someone's business.

    But nobody's buying flowers from the flower lady.

    by Rich in PA on Tue Apr 03, 2012 at 03:46:14 AM PDT

    •  Yup (13+ / 0-)

      The "blogger" wasn't doing journalism. She was using her blog as a platform for a vendetta against the plaintiff. Anybody who uses this case to make new law is off their rocker, for any law it will make will be very bad law indeed.

      Done with politics for the night? Have a nice glass of wine with Palate Press: The online wine magazine.

      by dhonig on Tue Apr 03, 2012 at 04:40:31 AM PDT

      [ Parent ]

      •  Ive read her comments also (10+ / 0-)

        To try and pass them off as mere "critical journalism" is disingenuous. They were vicious and unfounded, written with the purpose of libeling. Or so the court found. Looked that way to me too. Any journalist would have paid the price for that
        yes, much of what you see written here about Trayvon Martin/george Zimmerman could also be held accountable, not that I think that would change anything said here.

        Happy just to be alive

        by exlrrp on Tue Apr 03, 2012 at 05:01:06 AM PDT

        [ Parent ]

        •  The reason Volokh took this case... (3+ / 0-)
          Recommended by:
          laserhaas, erush1345, rcnewton

          ...was because he thought the court rejecting her position as a "journalist" under the law was ridiculous.  A technical point upon which he may be correct.

          As to the facts of the matter, I think Ms. Cox is rather lucky she's not being criminally charged with extortion due to her comments to the plaintiff after they contacted her.

          •  Well , TECHNICALLY it is incongruous to find (1+ / 0-)
            Recommended by:
            Avila

            her "technically" guilty

            and your "rather lucky" is just damn mean, snide, petty and hateful

            We have so few among us willing to step out on a limb and point at evil.

            I have hundreds of friends here at DK - who are smart enough to be concerned and silent on my case and issues

            Because of the rush to be petty, snide and mean

            It is DAMN ugly human trait and makes my heart sad.

            If you desire a better world - be a better person.

            by laserhaas on Tue Apr 03, 2012 at 08:41:35 AM PDT

            [ Parent ]

        •  THEY = is disingenious. There was only 1 comment (1+ / 0-)
          Recommended by:
          Avila

          day that the court permitted the jury to rule upon.

          If you desire a better world - be a better person.

          by laserhaas on Tue Apr 03, 2012 at 08:38:47 AM PDT

          [ Parent ]

      •  She was doing journalism, many hard knock cases (1+ / 0-)
        Recommended by:
        Avila

        of people not getting justice - she told the stories of her own accord.

        In the Trayvon Martin case - are we not doing the same here - calling Zim a Killer, the police corrupt etc.?

        If you desire a better world - be a better person.

        by laserhaas on Tue Apr 03, 2012 at 08:37:49 AM PDT

        [ Parent ]

    •  You can find fault with her all you wish, What she (1+ / 0-)
      Recommended by:
      Avila

      has done is Noble and not libel.

      But, I do not expect applause of her as an individual.

      What she did was attack an evil doer
      and
      I do understand your lack of desire to comprehend that
      having been subjected to same

      as for malicious as to malice
      I'm sure she intends to punish the evil doer and have him held accountable.

      thousands of items were tossed out - without discussing their merit - only 1 item of December 25, 2010

      I've asked for those particulars and will address same.

      However, I must say, I do find the cliche spot on among us here. Familiarity does breed contempt and it to is malicious and (sadly) petty and unkind.

      If you desire a better world - be a better person.

      by laserhaas on Tue Apr 03, 2012 at 08:36:10 AM PDT

      [ Parent ]

  •  unfortunately, she may need to learn the words to (2+ / 0-)
    Recommended by:
    laserhaas, Avila

    "Oh Canada".

    just a happy-go-lucky guy

    by happyman on Tue Apr 03, 2012 at 04:46:24 AM PDT

    •  Never - she's not a coward.... (1+ / 0-)
      Recommended by:
      Avila

      If you desire a better world - be a better person.

      by laserhaas on Tue Apr 03, 2012 at 08:42:11 AM PDT

      [ Parent ]

      •  then she may end up a very very poor hero. i'd (2+ / 0-)
        Recommended by:
        rcnewton, laserhaas

        haul ass before letting the chickenshit corp. to totally ruin the rest of my life.

        just a happy-go-lucky guy

        by happyman on Tue Apr 03, 2012 at 09:13:43 AM PDT

        [ Parent ]

        •  Thomas Paine _- a great intellecutal and Greater (0+ / 0-)

          writer - was also unpopular too.

          and he was poor - though he was also an inventor

          When he died, only 6 people attented his funeral.

          He was ostracized for challenging Christianity....

          Granted he was a far greater (educated) writer than Crystal or I will ever be.

          But, he, Jefferson, Franklin, Adams put their lives on the line and damn near 50% of the country called them traitors

          They were - in a way - refusing to be groomed into being part of tyranny, cronyism and corruption.

          Crystal Cox is a modern day them.

          Except, less than 10% of the country - is on her side.

          FOOLs many - who not only take solace in the chains of yoke upon them - they seek to ostracize those who wish to open their eyes and free thier minds.

          If you desire a better world - be a better person.

          by laserhaas on Tue Apr 03, 2012 at 10:44:04 AM PDT

          [ Parent ]

  •  $2.5 Million? (3+ / 0-)

    The sum is ridiculous.

    "IF" she is "Just" a "blogger" - with little reach/impact, then even if findings of fact should reveal defamatory statements, then the sum should be commensurate with such a status.

    This sum appears to be nothing more than 'financial terrorism' to stifle public opinion and restrict the First Amendment not for all, but for a select few.

    Think of all the pamphlets written in the earliest part of this countries founding ... Benjamin Franklin was surely the equivalent of a prolific blogger ...

    It just seems incredibly absurd -- though, unfortunately, par for the course of caging the masses into one set of rules and granting the powerful expanded rights and priveleges.

    "I want to keep them alive long enough that I can win them to Christ," - Rick Warren, Professional Greed Driven Scumbag

    by josephk on Tue Apr 03, 2012 at 05:17:33 AM PDT

  •  Um, really? (6+ / 0-)

    From the Court's opinion:

    It is important to note that defendant's argument at the time of trial, as plaintiffs and I understood it, was that because defendant was "media," she was entitled to certain First Amendment protections, including requiring plaintiffs to establish liability by proving that defendant acted with some degree of fault, whether it be negligence or "actual malice."  Accepting defendant's argument at face value, I understood it to contain two elements:  (1) that she is "media," and (2) that her status as "media" alone triggered a fault element in the defamation claim.  Because I found the First Amendment cases on the fault issue to be a bit "murky," I resolved her argument by addressing only the first element and concluding that on the record before me, defendant failed to show she was "media" because she cited no relevant case law and because she did not possess any characteristics traditionally associated with the media. Nov. 30, 2011 Op. at p. 9.  In my discussion, I did not state that a person who "blogs" could never be considered "media."  I also did not state that to be considered "media," one had to possess all or most of the characteristics I recited.  Rather, I confined my conclusion to the record defendant created in this case and noted that defendant had presented no evidence as to any single one of the characteristics which would tend to establish oneself as a member of the "media."  In addition, the uncontroverted evidence at trial was that after receiving a demand to stop posting what plaintiffs believed to be false and defamatory material on several websites, including allegations that Padrick had committed tax fraud, defendant offered "PR," "search engine management," and online reputation repair services to Obsidian Finance, for a price of $2,500 per month.  Ex. 33.  The suggestion was that defendant offered to repair the very damage she caused for a small but tasteful monthly fee.  This feature, along with the absence of other media features, led me to conclude that defendant was not media.  
    •  "for a small but tasteful monthly fee." (3+ / 0-)
      Recommended by:
      coffeetalk, laserhaas, rcnewton

      ROTFLMAO!

      Happy just to be alive

      by exlrrp on Tue Apr 03, 2012 at 06:25:31 AM PDT

      [ Parent ]

      •  Mean. I don't concur with that part of this case (1+ / 0-)
        Recommended by:
        Avila

        either. It was not prudent.

        Yet, it does not change the core issue.
        The Obsidian case is another "Conflict of Interest" issue
        extraordinary - that has no chance for justice.

        If you desire a better world - be a better person.

        by laserhaas on Tue Apr 03, 2012 at 08:56:36 AM PDT

        [ Parent ]

    •  If she is NOT media - coffeetalk - then her remark (1+ / 0-)
      Recommended by:
      Avila

      can have non substantive harm.

      That is the absurd dichotomy of it all. Is that the Court is biased for attorney and trustee's and can slam it's power and authority to "stifle opinion"

      Crystal, I and hundreds of others we have come to know, would like for the more esteemed writers in our world and main stream media to do the job of pointing the evils out.

      Alas, they are too paid, too scared - too intrenched in conflict of interest - or worse - ways.

      Thus, it is up to us - less than able - to state the obvious.

      Wrong is wrong and sitting by idle watching it happen and not saying nothing - is the same thing.

      If you desire a better world - be a better person.

      by laserhaas on Tue Apr 03, 2012 at 08:54:52 AM PDT

      [ Parent ]

      •  Apparently a jury found that she set out to (2+ / 0-)
        Recommended by:
        laserhaas, VClib

        financially harm others by printing outright falsehoods. You can't do that.  And the jury said she should pay for the financial harm she caused.  

        •  Buying into what "apparently" may have been said (0+ / 0-)

          by those who benefit from the trodding down of another

          does not make it true or correct.

          If you desire a better world - be a better person.

          by laserhaas on Tue Apr 03, 2012 at 10:45:15 AM PDT

          [ Parent ]

          •  A jury making a decision is how we do things in (2+ / 0-)
            Recommended by:
            laserhaas, VClib

            this country. Two sides come before a jury, tell their stories, and the jury decides who is right, or who is telling the truth and who is not.  

            And frankly, if she was trying to convince a jury that her motive was just to speak out for the "downtrodden" and not to financially harm others, I would think that trying to get them to pay her $2500 a month did not help her credibility on that.  

            •  A jury, instructed by a corrupt judge, helping a (0+ / 0-)

              corrupt trustee in a corrupt realm - Bilk us All

              and you defend such.

              The same way those in the past defended putting the 2/3 citizens in their place

              Because it was the LAW

              If you desire a better world - be a better person.

              by laserhaas on Tue Apr 03, 2012 at 11:07:05 AM PDT

              [ Parent ]

            •  PUH leaseee. 2 sides got to tell. Have you EVER (0+ / 0-)

              found yourself in a courtroom?

              When/ if you did - were you PRO SE?

              Did you experience the awe of the moment?

              Those times when everything you are is at stake;
              because you pointed out the evil that is going on?

              Those times when you were in a court with power over you and you were on trial for attacking the power of that very system of justice the court represents?

              By YOURSELF?

              Don't tell me about a good/ honorable court and jury

              When you are so damn quick to vindicate its evil intent!

              If you desire a better world - be a better person.

              by laserhaas on Tue Apr 03, 2012 at 11:11:37 AM PDT

              [ Parent ]

  •  Looks like a plain libel case to me. I don't (6+ / 0-)

    agree with the full formulation of "media" framed up by the court, but I don't see how it was necessary for the decision.

    You have exactly 10 seconds to change that look of disgusting pity into one of enormous respect!

    by Cartoon Peril on Tue Apr 03, 2012 at 06:09:13 AM PDT

  •  Alas, I knew this would be the mindset of comments (1+ / 0-)
    Recommended by:
    Avila

    and it pangs me greatly.

    It is amazing how those, who are they who indirectly are benefitting from noble works

    are so quick to cheer the demise of the noble.

    If you desire a better world - be a better person.

    by laserhaas on Tue Apr 03, 2012 at 08:58:18 AM PDT

  •  I wonder if Glenn Beck (2+ / 0-)
    Recommended by:
    laserhaas, Avila

    ..would make the court's "'journalist' cut-off."

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