NYT reporting:
Back in December, United States District Court Judge Marco A.
Hernandez created a stir by seeming to suggest that bloggers are not
journalists as defined by Oregon’s shield law. The ruling came in a case
involving a self-described “investigative blogger,” Crystal L. Cox. She
had been sued by Kevin Padrick of the Obsidian Finance Group for
defamation because she had written that he and his company had engaged
in a wholesale fraud in a bankruptcy case.
Initially, the blogosphere sounded the alarm
at what seemed to be an attack by powerful moneyed interests on a
crusading blogger. But a cursory investigation revealed that Ms. Cox
employed a number of unorthodox tactics for a journalist, including registering dozens of domain names
of people she perceived as her enemies in order to initiate serial and
often profane salvos against them. In the instance of Mr. Padrick, she
sent his lawyer an e-mail offering reputation management services after savaging his client in several blogs...
In his ruling denying the motion for a new trial, the judge said that
he never intended to suggest that bloggers can’t be journalists, only
that Ms. Cox did not fit the definition:
“In
my discussion, I did not state that a person who ‘blogs’ could never be
considered ‘media.’ I also did not state that to be considered ‘media,’
one had to possess all or most of the characteristics I recited.”...
http://mediadecoder.blogs.nytimes.com/2012/04/02/judge-clarifies-that-bloggers-can-be-journalists-just-not-one-in-particular/?nl=business&emc=edit_at_20120402
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