Legal News

Ninth Circuit Rules In Favor of Bloggers and Citizen Journalists
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

The Court of Appeals for the 9th U.S. Circuit has created a precedent in partly reversing a lower court’s judgment in a defamation suit. It held that in defamation suits, bloggers and citizen journalists are at par with the professional journalists. The legal standards for judging their actions should be the same in relation to the First Amendment.

While the lower court had awarded damages to a bankruptcy trustee on a defamation claim against an Internet blogger, the 9th Circuit disagreed. The summary of the judgment mentions: The panel held that Gertz v. Robert Welch, Inc (1974) “is not limited to cases with institutional media defendants. The cited Supreme Court precedent had held that the First Amendment required only a negligence standard for private defamatory actions.”

  
What
Where


The summary observed, “The blog post at issue addressed a matter of public concern, and the district court should have instructed the jury that it could not find the blogger liable for defamation unless it found that she acted negligently.”

The court also pointed out that a bankruptcy trustee did not become a public official “simply by virtue of court appointment, or by receiving compensation from the court.” Following its reasoning the 9th Circuit remanded the matter to the lower court for a new trial concerning the blog post at issue, while affirming the district court’s summary judgment on the other blog posts that were deemed constitutionally protected opinions.

The 9th Circuit’s opinion mentioned succinctly in the introduction, “This case requires us to address a question of first impression: What First Amendment protections are afforded for a blogger sued for defamation? We hold that liability for a defamatory blog post involving a matter of public concern cannot be imposed without proof of fault and actual damages.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Summary:

The Court of Appeals for the 9th U.S. Circuit has created a precedent in partly reversing a lower court’s judgment in a defamation suit, which held that the bloggers and citizen journalists are at par with the professional journalists. The 9th Circuit further said that the liability for a defamatory blog post involving a matter of public concern cannot be imposed without proof of fault and actual damages.





 

RELEVANT JOBS

Associate - Education Law

USA-PA-Philadelphia

Education/School Law Attorney  Boutique firm located in Center City, Philadelphia, is seekin...

Apply now

Associate, NonProfit Corporation and Business Enterprise Practice Group

USA-PA-Philadelphia

Nonprofits and Business Enterprises Associate Job Description Sand & Saidel, P.C. is looking for ...

Apply now

Litigation Attorney

USA-CA-Los Angeles

Excellent opportunity for a full-time, experienced litigation attorney (minimum 5 years) to join our...

Apply now

ADA Compliance Officer

USA-CA-Los Angeles

The Personnel Commission of the Los Angeles Community College District (LACCD) is currently recruiti...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Litigation Associate Attorney

USA-LA-New Orleans

New Orleans office of a BCG Attorney Search Top Ranked Law Firm seeks associate attorney with 1-2 ye...

Apply Now

Litigation Attorney

USA-IL-Chicago

Chicago office of our client seeks attorney with 4-10 years of litigation experience. The candidate ...

Apply Now

Litigation Associate Attorney

USA-NV-Las Vegas

Las Vegas office of our client seeks litigation associate attorney with preferably 3+ years of exper...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top