http://www.underdoglawblog.com/2014/01/bloggers-deserve-first-amendment.html
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By Michael Fuller, The Underdog Lawyer ®
Powerful Portland Trustee Loses on Appeal
Padrick retained prominent
Portland lawyer David Aman of Tonkon Torp LLP, and obtained a $2.5 million verdict against Cox, who represented herself at trial.
Judge Hernandez instructed the jury that Padrick should prevail at trial, even if his lawyer failed to prove Cox acted with any degree of fault.
Today's Opinion Sets First Amendment Precedent
Today,
the Ninth Circuit reversed, holding that Cox's failure to submit evidence that she was a journalist did not strip her blog of First Amendment protections.
The
opinion is the first of its kind in the Ninth Circuit, which covers Washington, Oregon, California, Idaho, Nevada, Arizona, and Montana.
After Trial Loss, Blogger Gained Allies
Cox's loss at trial shocked many in the legal blogging community, and she quickly gained support from an all-star team of appellate lawyers on appeal.
On January 15, 2013, Judge Hernandez granted Cox's motion to stay the proposed sheriff's sale.
Commentary
As a free speech law blogger, I rejoiced when I read
Judge Hurwitz's opinion. Thank you, thank you, thank you, professor
Eugene Volokh and
Benjamin Souede!
Pigs Get Fat; Hogs Get Slaughtered.
Maybe the second time around, Padrick and his lawyer will avoid going "scorched earth" on a mentally impaired judgment-proof out-of-state pro se blogger.
Had Padrick been more reasonable in his legal positions in the first instance, he might have still won a monster verdict, and avoided this embarrassing reversal.
The first I actually heard of this case was Padrick's seemingly evil attempt to liquidate Cox's right to appeal on the
Volokh Conspiracy a year ago.
The "Free Speech Notice" on my website was a direct result of Judge Hernandez's holding.
Source