I blog to share information that I believe may assist others in their quest for knowledge about the legal, business, and public policy issues that affect digital media users. I exercise my First Amendment rights when I believe there is an issue that is important and newsworthy for my readers.
When I blog, I research my proposed article, write, and edit my work just like journalists who work at large well-established media outlets. Therefore, I believe those who post online should receive the same type of legal protections against lawsuits that are afforded professional journalists.
I am not the only one who believes in strong protections for online commentators. In a huge win for the freedom of speech, the 9th U.S. Circuit Court of Appeals recently ruled that bloggers have the same First Amendment protections
as journalists when sued for defamation. This is an important milestone in the legal landscape for digital speech rights.
A very important cornerstone of democracy is a free press. This new decision has its roots in the famous John Peter Zenger acquittal in 1735. John Peter Zenger was accused of libel and a jury returned a verdict of not guilty. Andrew Hamilton became famous for his defense of Zenger and his quote, "truth is a defense against libel".
The bottom line is that bloggers and other digital content creators now have greater legal protections. While some people may not like this ruling due to the potential cyber bullying side effects, this decision helps protect freedom and the free flow of ideas that are so important in a democracy. There are too many people in this world who either threaten legal action and/or take legal action via strategic lawsuits against public participation to silence their critics. If this ruling stands, it will help protect those who expose fraud and other illegal activities via digital commentary.
Copyright 2014 by the Law Office of Bradley S. Shear, LLC All rights reserved.
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