Obsidian v. Cox

EFF has urged an Oregon district court in a friend-of-the-court brief to overturn a multi-million dollar defamation verdict against a blogger that could chill free speech.

In December, a jury found Montana blogger Crystal Cox liable for defaming Oregon lawyer David Padrick in a highly critical blog post and awarded him $2.5 million in damages.  In its brief, EFF supported several arguments raised by Cox in her motion for a new trial, arguing that the court applied the wrong First Amendment defamation standard and that the jury’s award was excessive and unsupported by the evidence.  Under the First Amendment, EFF argued, all speakers are entitled to the same defamation standard, regardless of their media status.  Moreover, as most of the plaintiff’s “reputational harm” came as the result of protected speech, the jury’s $2.5 million verdict was unsupportable.

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Tell your lawmakers: it's time to #MoveFASTR. Support public access to publicly funded research today. https://eff.org/r.2iql

Jul 28 @ 12:56pm

The public deserves access to the research it funds. Read @CreativeCommons on why -now- is the time to #MoveFASTR: https://eff.org/r.o0l4

Jul 28 @ 12:50pm

Over 1,000 users support our campaign to stop ridiculous copyright extensions in TPP. Sign on now: https://eff.org/r.bk2l

Jul 28 @ 12:10pm
JavaScript license information