Court rejects blogger’s claim to be a journalist

A Montana blogger accused an attorney of being a thug and a thief.

Lawyer jokes aside, the attorney didn’t find the blog post funny and sued for defamation.

The federal judge hearing the case ruled that the blogger was not a “journalist” apparently because she didn’t have journalist credentials or experience, and wasn’t affiliated with a traditional media organization. Since she isn’t a journalist, the state shield law designed to protect journalists won’t apply.

Looks like the blogger is going to be on the hook for $2.5 million.

Unless reversed on appeal, this case will have a chilling effect on bloggers.

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Comments

  1. Dave Zan says:

    Hey Mike, been a long while. :)

    I couldn’t help but read more about this when this came out. Subsequently I saw two articles that might be of interest:

    http://docs.justia.com/cases/federal/district-courts/oregon/ordce/3:2011cv00057/101036/95/

    http://www.forbes.com/sites/kashmirhill/2011/12/07/investment-firm-awarded-2-5-million-after-being-defamed-by-blogger/

    Thanks for blogging on the subject as well, especially on a lawyer’s POV.

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