Friday, March 7, 2014

"Two years ago, a federal judge in Oregon made a shocking ruling that sent chills down the spine of all bloggers"

"Tag Archives: Crystal L. Cox

Federal appeals court says bloggers have same 1st Amendment rights as journalists
Posted on January 20, 2014 by Dr. Eowyn

Two years ago, a federal judge in Oregon made a shocking ruling that sent chills down the spine of all bloggers."

Crystal Cox Making a STAND against all Odds, has Changed the WORLD, and will eternally Empower ALL Citizen Journalists, Whistle Blowers and Investigative Bloggers WORLDWIDE.

12-35238 Obsidian Finance Group, LLC, et al v. Crystal Cox;

Crystal Cox Cited in USA v. Barrett Lancaster Brown, "MOTION TO DISMISS THE INDICTMENT, Defendant BARRETT LANCASTER BROWN files this motion to dismiss Count 1 and Counts 3–12 of the Indictment.

"However, First Amendment protection is not contingent on whether the
speaker is “a trained journalist, formally affiliated with traditional news entities, engaged in
conflict-of-interest disclosure, went beyond just assembling others’ writings, or tried to get both
sides of a story.” Obsidian Fin. Grp., LLC v. Crystal Cox 740 F.3d 1284, 1291 (9th Cir. Jan. 17,
2014) (applying First Amendment protection to blogs). "

"A VICTORY for All Independent Bloggers, God Bless You Crystal – Word of God . . . Speak. Amen!!". Crystal Cox Ninth Circuit.

"EDITORIAL: I became acquainted with Crystal Cox (Twitter @CrystalLCox1) through our mutual stalking experiences related to Marc Randazza and his connection with the Los Angeles porn industry and hired stalkers who harass and bully anyone who dares to speak out against their abuse and corruption against all of humanity. Crystal has done some amazing work exposing the Truth about these criminals and their far reaching agendas being played out throughout our judicial system today!
The events that began this journey for Crystal was her attempt to expose corruption in the federal bankruptcy court. Little did we know when we began to talk that our lives had both been touched by the same type of corruption and then threatened when we worked to expose our stories to the public. Monica Foster’s story is another who has been through the same type of harassment and abuse because she sacrifices to expose these criminal organizations. And, we are not alone. There are many more . . .
This is truly a judicial victory for The People and a slap in the face of those who call themselves professional journalists and think they have rights to special privilege. The Free Press is about reporting to The People the facts and the truths that others attempt to hide, exploit and manipulate. This ruling says you haven’t been doing your job for some time now so it’s time for The People to take over.
Thank you, Dear Lord, for giving us this victory which brings The People closer to the Truth and Justice You promised us all. May You have mercy on their souls as Your Justice Reigns over all. Amen!"
Source and Full Article

Wednesday, March 5, 2014

Powerful Portland Trustee Loses on Appeal

"By Michael FullerThe Underdog Lawyer ®

Today, for the first time in history, the Ninth Circuit Court of Appealsconferred First Amendment protections to bloggers accused of defamation.

Powerful Portland Trustee Loses on Appeal

In 2011, Portland District Judge Marco Hernandez chose to deny blogger Crystal Cox protections under the Constitution because she was not a formal press member.

Cox had been sued for defamation after blogging about Oregon bankruptcy trustee Kevin Padrick and his investment company, Obsidian Finance Group.

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.

After prevailing in court, Padrick took the bold legal maneuver ofattempting to terminate Cox's appeal by purchasing her appellate rights at sheriff's sale.

Key among Cox's allies was UCLA First Amendment professor Eugene Volokh, who assisted Portland firm Angeli Law Group LLC pro bono in filing an initial motion to stay in district court.

On January 15, 2013, Judge Hernandez granted Cox's motion to stay the proposed sheriff's sale.

The case, Obsidian Finance Group, LLC et al v. Cox, is nowremanded back to Oregon district court for a new trial.


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.

Say what you will about Citizens United, I thought it interesting the panel was so heavily persuaded by it in this pro-consumer opinion.

“We have consistently rejected the proposition that the institutional press has any constitutional privilege beyond that of other speakers.”
Citizens United v. FEC, 558 U.S. 310, 352 (2010)."