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Judge: Blogger Is Not a Journalist

Woman ordered to pay $2.5M for online defamation

By Rob Quinn,  Newser Staff

Posted Dec 9, 2011 1:45 AM CST

(Newser) – In what could end up being very bad news for outspoken bloggers across America, a federal judge has decided that a blogger was not acting as a journalist when she accused an Oregon lawyer of acting unethically and illegally as a trustee in a bankruptcy hearing. The judge denied Crystal Cox's request for legal protections customarily offered to journalists, and a jury subsequently ordered her to pay $2.5 million for defaming lawyer Kevin Padrick and his company.

The judge said there was no evidence that Cox—who describes herself as an "investigative blogger"—had media credentials, an affiliation with any "recognized news entity," or that she had made any attempt to tell both sides of the story. The judge's ruling displays a "cramped and myopic" view of journalism, the director of the University of North Carolina center for media law and policy tells Reuters. "There is no accepted definition of journalism or who is a journalist," he says. "Judges have wisely shied away from wading into that debate unless they absolutely have to." Cox plans to appeal.

The judge decided that Cox, who calls herself an investigative blogger, is not a journalist.
The judge decided that Cox, who calls herself an "investigative blogger," is not a journalist.   (Shutterstock)
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I am a journalist, I have over 400 blogs and I have been doing this for years. You may say I'm not mainstream, but what could be more mainstream than the Internet, really? - Crystal Cox

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COMMENTS
Showing 3 of 18 comments
dawnarun
Dec 9, 2011 7:33 PM CST
Googling this Crystal Cox character I found a lot of blogs with walls of text, zero comments, and the kind of google ads that sites with nonexistent traffic have on them. I don't think this judge is necessarily saying all bloggers aren't journalists, I think the judge is saying THIS blogger is not a journalist, and I'd agree. I'm a professional blogger myself and if I was asked to present media credentials I'm certain mine would be accepted, even if they're not from a big newspaper. I do think there is a big difference between bloggers who blog for an audience and can land gigs at well known sites (pro blogging isn't exactly a hard industry to get into if you're a decent writer, fyi) and bloggers who write mostly for themselves on blogspot or wordpress.com like Ms. Cox. At the bottom of one of her blogs it says she's a real estate broker, and the blog seems to be largely about real estate issues. Seems a little fishy to me.
maccoole
Dec 9, 2011 4:46 PM CST
I'm not sure how I feel about this. I need more info to reflect on, but I will say, I have a problem with bloggers who call themselves journalists. They don't feel a need to maintain standards that mainstream newsrooms stick to, and criticize the hell out of mainstream news. They put sensational stuff in their blogs to get readers and churn up the sharks who look for red meat every day. "Real" news organizations can't just print anything they feel like to keep readers entertained, although you can see how the news has suffered as they try to pander to entertainment "news" junkies and people who love gossip. These bloggers get swelled heads over having a handful of readers and love the attention. That is what stokes them much of the time, not standards and ethics. I am a journalist and I don't like a lot of what I see, but I know things will always change. That is life. I am curious as to how everything will turn out now that the Internet has so much influence and power. But not everyone who strings some words or ideas together is a writer or journalist. 
NoddaAndYou
Dec 9, 2011 12:58 PM CST
It's unfortunate that this may be used for precedent in the future, but I think the key thing to remember here is that the judge didn't feel she was adhering to the actual (supposed?) standards of journalistic integrity. She may have been claiming to be a journalist, but she made no bones about providing a one-sided, all out attack on someone she felt had done her wrong. In other words, it was personal. That's not journalism.
 

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