Judge Marco Hernandez Over Reaching Court Opinion
EFF Amicus Motion in Support of Free Speech
"The First Amendment protects all speakers, not just the press, from strict defamation liability. Moreover, protected-though-critical speech cannot be the basis for a verdict reached by a sympathetic jury.
Especially when read in light of the Court’s (unnecessary and erroneous) additional rulings regarding if and " how online speakers can earn an elevated “media” or “press” status" these findings paint an unnecessarily risky legal landscape for such speakers in the district, one at odds with the First Amendment and Oregon law.
Accordingly, the jury’s verdict should be overturned and a new trial granted. Moreover, amicus urges the Court to additionally reconsider its rulings denying the Defendant the protections of Oregon’s retraction and shield law statutes."
Source and Entire Free Speech Supporting Document