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Ninth Circuit: Bloggers, public have same defamation protections as 'institutional press' on matters of public concern

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January 17, 2014

The Ninth Circuit ruled today in Obsidian Finance Group v. Cox that bloggers -- and other members of the public -- are governed by the same decades-old defamation jurisprudence as the "institutional press” when speaking about matters of public concern.

Crystal Cox wrote blog posts alleging a bankruptcy trustee and his company committed fraud, corruption, and money-laundering. The trustee, Kevin Padrick, and company, Obsidian Finance Group, sued for defamation.

One question before the court was whether the New York Times v. Sullivan and Gertz v. Robert Welch line of cases applied to Cox, as a blogger, or whether the rules set forth under those cases only applied to the “institutional press.”

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