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OBSIDIAN FINANCE GROUP, LLC v. COX

Nos. 12-35238, 12-35319.

740 F.3d 1284 (2014)

OBSIDIAN FINANCE GROUP, LLC; Kevin D. Padrick, Plaintiffs-Appellees, v. Crystal COX, Defendant-Appellant. Obsidian Finance Group, LLC; Kevin D. Padrick, Plaintiffs-Appellants, v. Crystal Cox, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 17, 2014.

Attorney(s) appearing for the Case

Eugene Volokh (argued), Mayer Brown LLP, Los Angeles, CA, for Defendant-Appellant/Cross-Appellee.

Robyn Ridler Aoyagi , Steven M. Wilker (argued), and David S. Aman , Tonkon Torp LLP, Portland, OR, for Plaintiffs-Appellees/Cross-Appellants.

Bruce D. Brown , Gregg P. Leslie , and Jack S. Komperda , Arlington, VA, for Amicus Curiae The Reporters Committee for Freedom of the Press.

Thomas C. Goldstein , Goldstein & Russell, P.C., Washington, D.C., for Amicus Curiae SCOTUSblog.com.

Before: ARTHUR L. ALARCÓN, MILAN D. SMITH, JR., and ANDREW D. HURWITZ, Circuit Judges.

OPINION

HURWITZ, Circuit Judge:

This case requires us to address a question of first impression: What First Amendment protections are afforded a blogger sued for defamation? We hold that liability for a defamatory blog post involving a matter of public concern cannot be imposed without proof of fault and actual damages.

I.

Kevin Padrick is a principal of Obsidian Finance Group, LLC (Obsidian), a firm that provides advice to financially...

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