Recently, the federal appeals court of the 9th Circuit unanimously overturned a defamation judgment and award against a blogger, Crystal Cox, ruling that 1st Amendment protections allowed for traditional news media outlets also extend to individuals posting on the internet. In its decision, Judge Andrew D. Hurwitz wrote, “The protections of the 1st Amendment do not turn on whether the defendant was a trained journalist, formally affiliated with the traditional news entities.”
This ruling is very important as it relates to this era of online content and reporting, as it is first of its kind in the 9th Circuit, though other circuit courts have held that individuals have the same free speech rights as the news media.
What Does This Mean?:
According to UCLA constitutional law professor Eugene Volokh, “This case is the first one from a federal court of appeals that specifically protects the rights of bloggers.” What this specifically means is that, a blogger will be held to the same standards and have the same rights as a “traditional” news entity and can’t be held liable for defamation unless they acted negligently. In terms of the case involved, the plaintiff, Obsidian, would have to show that the defendant had actual knowledge that the post was false when she published it. Additionally, the court held that the bloggers posts were so outlandish and outrageous, no one would have taken them seriously.
How Does This Affect You?:
We are witnesses to numerous sites, posts and information being authored and disseminated over the internet, with little to no determination or understanding of who is actually a member of the “institutional press.”
If you have a blog or website and are not deemed to be a member of the “institutional press” in the traditional sense, understand that you still may be held at the same esteem and garner the same rights as those who are, as it relates to free speech and what needs to be proven in order for certain claims and judgments to be ruled and enforced against you.
Rashida Maples, Esq. is Founder and Managing Partner of J. Maples & Associates (www.jmaplesandassociates.com). She has practiced Entertainment, Real Estate and Small Business Law for 9 years, handling both transactional and litigation matters. Her clients include R&B Artists Bilal and Olivia, NFL Superstar Ray Lewis, Fashion Powerhouse Harlem’s Fashion Row and Hirschfeld Properties, LLC.
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Celebs Tweet Their Thoughts About #JusticeForSandraBland
1. Jesse Williams
#SandraBland's treatment while attempting to travel freely on HER public roadways has been acknowledged as unlawful. She is already dead.
2. Taraji P. Henson
"SAY HER NAME #SandraBland"
3. Ava DuVernay
"'Why are you arresting me?' Because you know your rights. Because I can. Because no one'll believe you. #SandraBland"
4. Kim Kardashian
#WhatHappenedToSandraBland We need answers!!!! This is NOT ok! This is all shady! They need to own up to this & tell the truth!
5. Jussie Smollet
"A loss 4 words. #SandraBlandMatters #BlackLivesMatter 👈🏿tell me this should change once the nation shows that we do. "
6. Snoop Dogg
🙏🌹. Sandra. Rip. 🌹🌹
7. K. Michelle
R.I.P to this queen. This could've been any of us. My prayers go out to her family. #sandrabland https://instagram.com/p/5fvlO_AhCf/
8. Gabrielle Union
SAY HER NAME!!! #SandraBland #SandraBland #SandraBland #SayHerName
"We must get to the cause of #sandrabland death because this CANNOT happen again #deathorfreedom"
10. David Banner
"When will we fight back. A man's duty on earth is to protect women and children. Where are the gangsters? Preachers? We need you. Please."
11. Nicki Minaj
"Rest In Peace #SandraBland"
12. Talib Kweli
"We the people ask @LorettaLynch to investigate #SandraBland #KimberleeRandleKing RETWEET "
Signs. Signs. Signs all around us. The Message is Here. #SandraBland
14. Missy Elliot
"When I look at the #SandraBland traffic video it brings so many emotions😳😢😡😡😤!"
15. Jessie J
"God bless your soul Sandra | #sandrabland | Change needs to come |Justice needs to be served | Heart… https://instagram.com/p/5fV79mQ0aw/ "
16. Jackee Harry
"It's time y'all, it's time.." #SandraBland #BlackLivesMatter
"In memory of #SandraBland these things don't make no kinda sense "
18. Holly Robinson Peete
I really don't look forward to having ANOTHER difficult conversation w my kids tonight...but here we go again😧💔 #SandraBland #SayHerName 😢
19. Jeffrey White
Sadly, doesn't matter by whose hand she died. Unjustified arrested set the outcome in motion. The state murdered her. #JusticeForSandraBland
Sandra could have been your mother, sister, aunt, friend or if she wasn't killed the community outreach advisor A&M. #SandraBland
21. Joan Smalls
"My heart is broken. Sending my deepest condolence to her family and friends. May you find Strength, Peace and Justice. When will this stop? #EqualityForAll #RIP #Why #SayHerName
22. Gladys Knight
Sandra Bland.... #SayHerName #SandraBland
23. Cara Delevigne
Things need to change NOW #SANDRABLAND #Justice #Equality
24. Meek Mill
"Rip to that young lady that lost her life about a traffic stop! 🙏 ima make sure I pray for her and her family! 🙏😄😄😄"