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Tag Archives | Obsidian Finance Group v. Cox

The Fist Amendment right to fight back on a blog

Orly Taitz is always good for a silly. Here’s a screen shot of her latest article:

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I wouldn’t take the time to show this trivial typo, particularly as it will probably be fixed quickly (I left a comment), but the topic itself is interesting to folks like me who blog on public matters. The appellate decision in the case of Obsidian Finance Group v. Cox held that under the First Amendment:

[L]iability for a defamatory blog post involving a matter of public concern cannot be imposed without proof of fault and actual damages.

I would point out that the extension of the protections set out by the Supreme Court in New York Times Co. v. Sullivan to non-institutional speech is not new, but it is new for the Ninth Circuit where Taitz practices law. The landmark Times case arose out of reporting on the Civil Rights Movement in the 60’s.