Monday, November 5, 2012

Judge Marco Hernandez says that Blogs are Not a Medium of Communication, WHAT?


Here is the Oregon Shield Law that Judge Marco Hernandez RULED did not Apply to blogger Crystal Cox, then Resident of Montana and had posted from Colorado.

"Oregon Code Sec 44.520-44.530

44.520 Limitation on compellable testimony from media persons; search of media persons’ papers, effects or work premises prohibited; exception. (1) No person connected with, employed by or engaged in any medium of communication to the public shall be required by a legislative, executive or judicial officer or body, or any other authority having power to compel testimony or the production of evidence, to disclose, by subpoena or otherwise:

      (a) The source of any published or unpublished information obtained by the person in the course of gathering, receiving or processing information for any medium of communication to the public; or

      (b) Any unpublished information obtained or prepared by the person in the course of gathering, receiving or processing information for any medium of communication to the public.

      (2) No papers, effects or work premises of a person connected with, employed by or engaged in any medium of communication to the public shall be subject to a search by a legislative, executive or judicial officer or body, or any other authority having power to compel the production of evidence, by search warrant or otherwise. The provisions of this subsection, however, shall not apply where probable cause exists to believe that the person has committed, is committing or is about to commit a crime.

      44.530 Application of ORS 44.520. (1) ORS 44.520 applies regardless of whether a person has disclosed elsewhere any of the information or source thereof, or any of the related information.

      (2) ORS 44.520 continues to apply in relation to any of the information, or source thereof, or any related information, even in the event of subsequent termination of a person’s connection with, employment by or engagement in any medium of communication to the public.

      (3) The provisions of ORS 44.520 (1) do not apply with respect to the content or source of allegedly defamatory information, in civil action for defamation wherein the defendant asserts a defense based on the content or source of such information.

Source of Oregon Shield Law post
http://www.citmedialaw.org/oregon-code-sec-44-520-44-530

Judge Marco Hernandez RULED that the Shield Law Does Not Apply to Bloggers. Even though this was a Civil Case for Defamation.  Judge Marco Hernandez made all Blogs, Bloggers and Citizen Journalists the Collateral Damage of his war on Pro Se Defendant Blogger Crystal Cox who was and is exposing the Portland Oregon Culture of Corruption.

Link to More Oregon Law on this Topic
http://law.justia.com/codes/oregon/2005/vol1/044.html

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