Blog Author Specifically Invokes the First Amendment.
Showing posts with label Absolute Privilege. Show all posts
Showing posts with label Absolute Privilege. Show all posts

Monday, November 5, 2012

"Statements made in judicial proceedings are protected as are communications between a solicitor and their client. The Bill of Rights of 1689 provides that proceedings of the Parliament of the United Kingdom are also covered by absolute privilege."



My emails to David Aman were part of a Judicial Proceeding. The Law states that even before the proceeding, in connection with the Proceeding, these emails are part of a Judicial Proceeding, and whether protected or not is another matter. However, David Aman emailed me a cease and desist December 22nd 2010, this was a legal threat and I answered this email in my Pro Se Capacity.

I answered  this email in my Pro Se Capacity more then once, the second time was AFTER a 10 Million Dollar Lawsuit was filed and is the eMail that the New York Times, Seattle Weekly, Forbes and there by the world views as Extortion, which is a crime. This email was a Settlement Communication, a negotiation to STOP a 10 Million Dollar Lawsuit. There were emails back and forth between opposing counsel David Aman, Tonkon Torp Attorney and Pro Se Defendant Crystal Cox in my Pro Se Capacity. And they were all after the the threat of a lawsuit. In fact the Subject Post I was on Trial for was part of a Judicial Proceeding already as well, because David Aman emailed me a Cease and Desist, a Lawsuit Threat on December 22, 2010 and the subject post I was on trial for was posted 3 days after that on December 25th 2010.  A 10 million dollar lawsuit was filed 2 weeks later on January 14th 2011.

David Aman and Tonkon Torp are Libel for painting me in False Light in Big Media around the world. David Aman did this out of Hate and Spite, for he had already won his lawsuit. This is ILLEGAL. This is Defamation. This is False Light. And this is in conjunction with David Aman's pattern of Hate Crimes against me, Blogger Crystal Cox.

Was David Aman's communications with me protected? Was there an ethical or legal duty to display the entire email thread that clearly stated I was NOT removing anything for money? Is Tonkon Torp Law Firm liable for the massive defamation to me by David Aman painting me in false light and sending One Email out of that thread to big media and thereby inciting hate, ruining my ability to make a living and endangering my life?

If you an attorney that wants to represent me on contingency in suing Tonkon Torp Law Firm and their Insurance Carrier, as well as David S. Aman personally and Professionally, email me at Crystal@CrystalCox.com

More on this Story At

http://www.obsidianfinancesucks.com/

http://www.crystalcoxcase.com/

Qualified Privilege and Absolute Privilege APPLY to Blogger Crystal Cox. I have been a real estate broker owner for over a decade, I first wrote on the Summit Bankruptcy becase ALL real estate agents MUST know about 1031 Exchange Laws, and potential client liabilities. I have always had a justifiable motive.


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Privilege and malice

Privilege provides a complete bar and answer to a defamation suit, though conditions may have to be met before this protection is granted. 

Privilege is any circumstance that justifies or excuses a prima facie tort. It can be said that privilege recognizes a defendant's action stemmed from an interest of social importance - and that society wants to protect such interests by not punishing those who pursue them. Privilege can be argued whenever a defendant can show that he acted from a justifiable motive. 

While some privileges have long been recognized, the court may create a new privilege for particular circumstances - privilege as an affirmative defence is a potentially ever-evolving doctrine. Such newly created or circumstantially recognized privileges are referred to as residual justification privileges.

There are two types of privilege in the common law tradition:

  • "Absolute privilege" has the effect that a statement cannot be sued on as defamatory, even if it were made maliciously; a typical example is evidence given in court (although this may give rise to different claims, such as an action for malicious prosecution or perjury) or statements made in a session of the legislature (known as 'Parliamentary privilege' in Commonwealth countries).

  • "Qualified privilege" may be available to the journalist as a defence in circumstances where it is considered important that the facts be known in the public interest; an example would be public meetings, local government documents, and information relating to public bodies such as the police and fire departments. Qualified privilege has the same effect as absolute privilege, but does not protect statements that can be proven to have been made with malicious intent.

[edit]Other defences

Defences to claims of defamation include:
  • Statements made in a good faith and reasonable belief that they were true are generally treated the same as true statements; however, the court may inquire into the reasonableness of the belief. The degree of care expected will vary with the nature of the defendant: an ordinary person might safely rely on a single newspaper report, while the newspaper would be expected to carefully check multiple sources."
Source and More Information

The Summit Bankruptcy was highly publicized. It was involvoing a 1031 Exchange company which is in regard to a Tax Code. Also the Summit Bankruptcy had lawsuits with major insurance companies and with Umpqua Bank. Investigative Blogger Crystal Cox certainly did have Qualified Privilege. This was and continues to be a matter of Public Concern.

I have been a real estate broker owner for over a decade, I first wrote on the Summit Bankruptcy becase ALL real estate agents MUST know about 1031 Exchange Laws, and potential client liabilities. I have always had a justifiable motive.

Blogger Crystal Cox had Absolute Privilege, this is a Matter of Law and a Matter of Fact.

Judge Marco Hernandez acted in conspiracy with Oregon Attorney David Aman in order to cover up corruption in Oregon. And to protect Judge Michael Simon and countless others involved in the Summit Bankruptcy Scandal.

Tuesday, November 15, 2011

Want to Defame Someone and be FOREVER Immune to Any Legal Action? Try looking deep at Obsidian v. Cox for some Tips, I Call it the David Aman Tonkon Torp Defamation Immunity.

NOTICE: This post is not Meant to Defame poor ol' Mr. Aman or Tonkon Torp, it is simply to poke fun at the system, and to get you, the reader to think about this stuff. Please find your OWN "Facts" and do not rely on anything I say as being actual "Fact".

Ok, So want to Defame Someone, maybe even rile up hatred against them... well use what I call the David Aman, Tonkon Torp LLP way.  See you make up stuff about someone, you lie about their intentions, you excuse them of extortion and all kinds of bad behavior.  Such as David Aman, Attorney for Plaintiff did to me, And you never have to prove actual malice or any other law.  See, in Obsidian V. Cox, David Aman Plaintiff for the Attorney filed a frivolous 10 Million Dollar Lawsuit against a blogger.  And though Plaintiff never EVER asked for a retraction or even a change of that post, still Plaintiff sues blogger Crystal L. Cox, me for 10 Million Dollars.

In this filing, Plaintiff Obsidian Finance Group accused Investigative Blogger Crystal L. Cox of crimes, of fraud, of personal gain and all kinds of false, defamatory, and even inflammatory to the public information, based on no real fact.  Turns out in a complaint you can say whatever you like, then it is a federal filing.

One that is picked up by the Blogsphere.

Once this case is filed, and no matter what the Complaint or internal documents say, well its now public domain and is immune from lawsuits.  My counter claim included accusations that this case defamed me, and the judge in this case quoted this law as the reason is because it is a judicial proceeding therefore there is Absolute Privilege in the information that is on the Internet regarding it..

This is the Case that the Judge in this Case Quoted to deny my defamation counter claim.


"" Wallulis v. Dymowski, 323 Or. 337, 348, 918 P.2d 755, 761 (1996) (statements made in judicial proceedings are absolutely privileged); Wollam v. Brandt, 154 Or. App. 156, 162 n.5, 961 P.2d 219, 222 n. 5 (1998) (absolute privilege applies not only to defamation action, but "to any tort action based on statements made in connection with a judicial proceeding").  ""

So no matter what is said, or it's truth or not, bloggers, reporters and others pick up this information that folks like David Aman, Tonkon Torp attorney for the Plaintiff in Obsidian v. Cox, say - AND next thing you KNOW it is all over the internet with absolute immunity under absolute privilege. Which in my case is really a double standard as the blog post I am on trial for is also based on a judicial proceeding. So interested in Defamation Law, Absolute Immunity in "Absolute Privilege" is sure something to think about. So instead of blogging, it seems you file a federal court case talking about all you want in your blog, and then the courts let these documents out to bloggers for you and wa la, trash talk about you, accusations of illegal and despicable behavior with no base in truth and you are, as David Aman, Plaintiff for Attorney, Forever Immune.