Thursday, April 17, 2014

AN IMPORTANT VICTORY for FREE SPEECH. "In an important victory for free speech advocates, the Ninth Circuit has joined other courts in establishing that authors protected by the First Amendment need not be journalists to have such robust protections."

"In Obsidian Finance Group, LLC v. Cox, — F.3d —- (2014) (filed Jan. 17th, 2014), the Ninth Circuit overturned a lower court decision that limited certain First Amendment protections to institutional journalists. The Court explained that “protections of the First Amendment do not turn on whether the defendant was a trained journalist, formally affiliated with traditional news entities, engaged in conflict-of-interest disclosure, went beyond just assembling others’ writings, or tried to get both sides of a story.”

In aligning the Ninth Circuit with other circuits which have addressed the issue, the court reaffirms that negligence is the minimum legal standard for any case involving matters of public interest (and possibly all cases). To receive general damages without suffering specific harm and to receive punitive damages, the plaintiff must establish that the defendant published the statements with actual malice, meaning intentional knowledge of falsity or reckless disregard of the truth.
In New York Times Co. v. Sullivan, 376 U.S. 254 (1964), the Supreme Court established the modern First Amendment framework. Public officials must prove actual malice to prove liability. Curtis Publishing Co. v. Butts, 388 U.S. 130, (1967), then extended this standard to public figures. A decade later, in Gertz v. Robert Welch, Inc., 418 U.S. 323, 350 (1974), the Supreme Court held that the First Amendment required a negligence standard for private defamation actions. Significantly less than the actual malice standard, it nonetheless established that there could not be liability without fault.
In Obsidian Financial Group, the Ninth Circuit does not suggest the defendant is blameless:
Crystal Cox published blog posts on several websites that she created, accusing Padrick and Obsidian of fraud, corruption, money-laundering, and other illegal activities in connection with the Summit bankruptcy. Cox apparently has a history of making similar allegations and seeking payoffs in exchange for retraction. SeeDavid Carr, When Truth Survives Free Speech, N.Y. Times, Dec. 11, 2011, at B1. Padrick and Obsidian sent Cox a cease-and-desist letter, but she continued posting allegations.
The accusations and statements, however, were difficult to view as factual assertions. Where there were assertions of fact, the court explains, the plaintiff must establish the negligence of the statements.
The Ninth Circuit also sidestepped the issue whether the Gertz negligence standard applies to matters of purely private concern. It noted the unresolved question, when it stated that “the Supreme Court has ‘never considered whether the Gertz balance obtains when the defamatory statements involve no issue of public concern.’” (quoting Dun & Bradstreet, Inc. v. Greenmoss Builders, 472 U.S. 749, 757 (1985) (plurality opinion)).
Instead, the Ninth Circuit noted that the blog was made available to the public at large, just as every blog does. Moreover, the court noted that “public allegations that someone is involved in crime generally are speech on a matter of public concern.” So instead of answering whether the negligence standard applies to private matters, the court expanded the realm of public discourse to almost any public accusation.
This strategy has the effect of expanding the negligence standard to almost any claim. It may leave certain personal matters personal, though this is unclear. It could also leave certain formats, such as personal emails, texts, and friends’ lists as matters of purely private concern, but undoubtedly many of allegedly defamatory posts on such platforms will also be matters of public concern.
The distinction between matters of public concern and purely private matters has less and less meaning, and the distinction is likely to continue to erode in the context of defamation, though perhaps remain relevant in some issues involving privacy.
Nonetheless, the case is an important victory for free speech interests. Of course, this does not mean anything can be published with impunity. Negligence is not a terribly difficult test to meet and those plaintiffs who have truly been harmed will still have their day in court. It is difficult to be the subject of online attacks, but the rules of law should apply equally to all speakers, journalists, bloggers, and citizens alike. In the Ninth Circuit, it now does."


"“This case is the first one from a federal court of appeals that specifically protects the rights of bloggers,” said UCLA constitutional law professor Eugene Volokh, who represented Cox without charge on appeal.

Crystal Cox held here ground and held on to this Appeal, for the Greater Good of ALL whistleblowers, citizen journalists, and anti-corruption bloggers.

"SAN FRANCISCO -- A federal appeals court unanimously overturned a defamation award against a blogger Friday, ruling that 1st Amendment protections for traditional news media extend to individuals posting on the Web.

“The protections of the 1st Amendment do not turn on whether the defendant was a trained journalist, formally affiliated with traditional news entities,”  Judge Andrew D. Hurwitz wrote for a three-judge panel of the U.S. 9th Circuit Court of Appeals.

The panel said its holding was the first of its kind within the 9th Circuit but that other circuit courts already have extended protections for journalists to individual speakers.


“This case is the first one from a federal court of appeals that specifically protects the rights of bloggers,” said UCLA constitutional law professor Eugene Volokh, who represented Cox without charge on appeal.

He said the ruling would also protect other individuals, including those who leaflet and who speak out on behalf of politicians or activist groups.


Monday, April 14, 2014

Crystal Cox Extortion. Crystal Cox Case. Crystal Cox Marc Randazza. Crystal Cox Obsidian Finance.

How Did the Allegation of Extortion come into the Obsidian v. Cox case? A bit on the Summit Bankruptcy, the Trial, Extortion, David Aman, Marc Randazza and More

Sunday, April 6, 2014

Crystal Cox Case, Obsidian Finance Group v. Blogger Crystal Cox. It is NOT ok, NOT Ethical, NOT Legal and certainly NOT constitutional for Judges to take pot shots at litigants and place unrelated criminal allegations made by a New York Times reporter, into YOUR Ninth Circuit Civil Court Appeal.

Folks, this Sentence in a NINTH Circuit, 3 Panel Judge Ruling
affects the Public at large in a MAJOR way.

"“Cox apparently has a history of making similar allegations and seeking payoffs in exchange for retraction"

Regardless of your "Opinion" of Crystal Cox BEING an Extortionist or not. This precedence is dangerous to all, and essentially will chill the speech of anti-corruption bloggers as they can be discredited and painted out to be criminals, as a "pot shot" in a Ninth Circuit ruling of a civil case brought against them for defamation and to essentially "shut them up".

It really is NOT ok for Judges to throw in "other" allegations, in a ruling. Allegations that were NOT a material factor, NOT of "the record" in the lower court case in which they are ruling on.

These criminal extortion Allegations, slipped into a ninth circuit civil case appeal, is not based in law, rights of due process, or constitutional rights. 

These Allegations, the Judges knowingly and noted, with credit, as coming from a New York Times journalist, of which their ruling had just gave that blogger and essentially all bloggers and citizens journalists equal rights to that New York Times journalist, as well as other institutional press journalists.

Ninth Circuit Judges; Judge Arthur L. Alarcón, Judge Milan D. Smith, Jr.,and Judge Andrew D. Hurwitz, took the opinion, rant and ramblings of New York Times Reporter as Factual Evidence and issued a ruling stating that Cox has a history of posting allegations and seeking a pay off for extraction, which is the felony crime of extortion and of which is NOT based in fact, not based in adjudication for the crime of extortion, not based in evidence or sworn testimony regarding the crime of extortion and having given Blogger Crystal Cox no due process or constitutional rights in the matter what so ever.

Regardless of your opinion of me, Crystal Cox, wouldn't you have to agree that these Judges should not have this right? Would you want this to happen to you? Would you want due process and for judges such as Ninth Circuit Judges; Judge Arthur L. Alarcón, Judge Milan D. Smith, Jr.,and Judge Andrew D. Hurwitz to OBEY the law and NOT violate your constitutional rights?

It is not about removing allegations of extortion, regarding me, Crystal Cox. I could care less, as I know the Truth about that, and it would be IMPOSSIBLE to remove this defamatory lie from the Internet, thanks to Attorneys David Aman and Marc Randazza and Judge Marco Hernandez, as well
as the 3 panel Ninth Circuit judges who threw in their two cents on the matter.

The ISSUE is about the FACT, that it is NOT Ok, not Ethical, not Legal and certainly not constitutional for Judges to do this to anti-corruption bloggers essential to instill fear in them and chill their speech, disguised as a ruling in favor of Free Speech and equal rights for those same bloggers.

That one sentence now means that any of you out there exposing corruption that the New York Times or other institutional press does not approve of, or say they are paid by the "bad guys" aKa the judges, politicians, and corporations you may be exposing

 a Bit on Crystal Cox's Motion to Rehear and Redact ~ Playlist of 2 (audio only)
Crystal Cox talks about her Motion to Rehear and a bit about her Case and the attorneys involved.


Links to Research the Motion to Rehear

Crystal Cox Ninth Circuit Petition for Rehearing filed by Eugene Volokh on January 31st, 2014.

Crystal Cox Wins First Amendment Court Victory for all Bloggers, Whistleblower and Citizen Journalists, then files a Motion to Rehear requesting a Redaction of Extortion allegations.

Auction of Appeal Rights?

Case Dockets, where the Plaintiff, Kevin Padrick and Obsidian Finance Group via their Attorney David Aman of Tonkon Torp Law Firm attempted to SEIZE Cox's right to appeal. Cox alleges that David Aman was given legal advice on this matter by Cox's former attorney Marc Randazza of Randazza Legal Group.

Hearing Transcript Day Before Obsidian v. Cox Trial (Page 16 shows Crystal Cox asking Judge Hernanez about Extortion allegations)

More on the Crystal Cox Case, Summit Bankruptcy, Extortion and More

Saturday, February 15, 2014

"Ari Bass aka Michael Whiteacre monitoring Monica Foster’s webcam for Marc Randazza?" Monica Foster, Investigative Blogger Reporting

James Malcolm DeVoy of Randazza Legal Group assisting Ari Bass aka Michael Whiteacre in his stalking of anti porn activist Shelley Lubben

In 2011, it came to the attention of Alexandra Mayers aka Monica Foster that Randazza Legal Group employee James Malcolm DeVoy was working with and assisting Ari Bass aka Michael Whiteacre (of The Real Pornwikileaks) in his stalking of anti-porn activist Shelley Lubben.

As of today (February 15, 2014) Bass / Whiteacre has made it known publicly that he is monitoring and recording Alexandra Mayers on her live webcam (of which she performs solo independent live shows as Monica Foster).Bass / Whiteacre has an extensive history of stalking, harassing and threatening Alexandra Mayers and her family members along with various other camgirls, pornstars, ex pornstars and anti-porn activists.
Ari Bass aka Michael Whiteacre tweeting a screen shot from Alexandra Mayers aka Monica Foster's live webcam on Streamate 2/15/2014.  A recording of the show would reflect that Alexandra was sober at the time.
Ari Bass aka Michael Whiteacre tweeting a screen shot from Alexandra Mayers aka Monica Foster’s live webcam on Streamate 2/15/2014. A recording of the show would reflect that Alexandra was sober at the time.
This development is on the heels of Alexandra Mayers making it clear she will be taking legal action against Randazza Legal Group and the privately owned company GoDaddy.  
henderson ari bass michael whiteacre
As of current it appears that Ari Bass may be monitoring Alexandra Mayers aka Monica Foster’s live cam shows on behalf of Randazza Legal Group (Marc Randazza specifically). In addition Ari Bass has stated on his twitter he is relocating to the Las Vegas, NV area (fairly close to where Randazza Legal Group offices located).
It is advised that independent solo webcam performers use extreme caution if contacted by (and not work with) Bass / Whiteacre or anyone attached to Randazza Legal Group"

Tuesday, February 11, 2014

Ideal Image Management, Alicia Silver Productions, Jason Toler aka Tee Reel, Corey Carnes, Mike South of, Ari Bass aka Michael Whiteacre and Sean Tompkins of TheRealPornWikiLeaks; Monica Foster, Investigative Blogger Reporting.

"*Updated: A cautionary report on Ideal Image Management & Alicia Silver Productions – BEWARE!

***Update: As of 2/7/2014 the PornNewsToday team was notified by Victim L. that she did receive her paycheck and she was able to cash it.
***Update: As of the evening of 2/7/2014 Corey of Ideal Image Models is claiming he didn’t speak with the PornNewsToday team at 11:55am PST on 2/6/2014 – see the bottom of the post for proof that either he or SOMEONE at the Ideal Image Models office did speak with Alexandra Mayers aka Monica Foster.
***Update: As of 2/10/2014 Jason Toler aka Tee Reel has informed Alexandra Mayers that he will be suing her. See the text messages at the end of this post.
As of February 5, 2014 a woman (who shall be referred to as “Victim L.“) contacted the PornNewsToday team in regards to licensed and bonded pornstar talent agency Ideal Image Management which is headed by Jason Toler aka Tee Reel.
Tee Reel of Ideal Image Management
Jason Toler aka Tee Reel of Ideal Image Management
Victim L. (who is very new to the pornographic industry) stated that she signed with Ideal Image Management Decemeber 11, 2013 and that she was booked as a model for 2 pornographic studios.  Though she asked for a copy of her agency contract upon signing with the agency, it was not provided to her until approximately 2 weeks later. Victim L. primarily worked with an agent employed by Ideal Image Management by the name of Corey Carnes, who insured her that she would receive payment from the studios she worked for within one to two weeks (via a payroll system).
The 2nd porn studio Victim L. worked for on December 22, 2013 (the focus of this report), was Alicia Silver Productions (which has a history of unethical & unprofessional business practices as reported by  Victim L. was told she would be compensated $1,200 (minus a 15% agency fee) for the assignment and that the content she was booked for would be showcased on a website called
Alicia Silver of Alicia Silver productions
Alicia Silver of Alicia Silver productions
The assignment for Alicia Silver Productions consisted of 8 photo sets, 3 solo videos and 1 boy/girl hardcore sex scene with male performer Dick Chibbles [which is an extensive amount of content considering what the PornNewsToday team views as a very low wage - Victim L. was kept on set for 13 hours].
The content was produced in a private home in Rancho Cucamonga, California.  Condoms (protective barriers) were NOT made available to Victim L. for the boy/girl hardcore sex scene which is in direct violation of Cal-Osha regulations. 
After 30 days Victim L. had not received payment from the Alicia Silver Productions assignment. Victim L. inquired with Ideal Image Management and Tee Reel directly as to when she would receive payment but she was consistently given the run around.
On January 9, 2013 Tee Reel sent a photograph of Victim L.’s check.  As you can see below, though Victim L. was told she would be paid $1,200 (minus the 15% agency fee) for the Alicia Silver Productions assignment – the check is made out for $1,300.  This is because unbeknownst to Victim L., Ideal Image Management pocketed an additional $100 on top of the 15% agency fee.  Also note that the check is made out to Ideal Image Management rather than Victim L. (porn and entertainment industry agents work for their clients – not the reverse).
Alicia Silver Productions check to Ideal Image Management for Victim L
click to enlarge –  This check for Victim L. is for $1,300 but Ideal Image Management pocketed $100 and only paid Victim L. $1,200 (minus 15% – which left her with only $1020 total)
Due to Victim L.’s male friend being physically intimidated by Corey Carnes in the past when she’d attempted to pick up her check at an earlier date, Victim L. went to the Ideal Image Management office with a police escort to try to collect her payment on January 13, 2014.  She was told that her payment still was not available at that time.
click to enlarge - Over 30 days after Victim L. worked for Alicia Silver productions, she was mailed payment on February 5th, 2014
click to enlarge – Over 30 days after Victim L. worked for Alicia Silver productions, she was mailed payment on February 5th, 2014
Victim L. spoke with the Los Angeles police department and was told that her dispute with Ideal Image Management is a civil matter.  Victim L. has also contacted the Labor Commissioner’s office in regards to the matter and has submitted paperwork and various pieces of evidence in regards to this issue at her own expense.
In Victim L.’s initial email to the PornNewsToday team, she stated that though she had never been asked to escort by Ideal Image Management, she had heard from her peers that the agency books their talent for escorting (private prostitution assignments) regularly. Upon investigation, three pornstars currently represented by Ideal Image Management (Lana Violet, Emy Reyes & Victoria Rae Black) are actively available through the escort agency The Luxury Companion.  In addition, pornstars Selma Sins and Nikki Next are affiliated with James Bartholet of Galaxy Publicity (a man who is known to work with active escorts).
Victim L. had not been offered any webcamming work by Ideal Image Management, however she was told by her peers that the agency owes money to several of the pornstars they represent for webcamming work.  Furthermore Victim L. discovered that Ideal Image Management has several models posted on their website of which they no longer represent (Emily Benjamins, Madelyn Monroe & Savannah Camden).
As of February 5, 2014 when Victim L. contacted the PornNewsToday team, she still had not received a status update in regards to the payment she was owed.  The PornNewsToday team decided to telephone Ideal Image Management the afternoon of February 6, 2014.  Upon speaking with Corey Carnes, we were told that Victim L.’s check for $1,020 had been mailed on February 5, 2014 (over 30 days after the Alicia Silver Productions booking) and a USPS tracking number was provided.  We were informed that the check was mailed to the address they had on file for Victim L.
Shortly after the PornNewsToday team contacted Victim L. with the status of her check and tracking number, Tee Reel of Ideal Image Management sent threatening text messages to Victim L. stating:
You received your check but be advised you are [in] violation of the non disclosure part of your contract and just opened your self up to a lawsuit for slander so see you in court soon.
If you think I’m going to let you and your pimp tear down my company you are going to learn you made a very big mistake!
Our contract is still legal and with you [Victim L.] – so all legal issues of slander will be directed at you – lied about myself and my company so we will be going into Arbitration Case in 30 days. Since you continue to lie and slander my company.
Victim L. (upon the advice of the PornNewsToday team) responded with the following:
I have been advised not to communicate with you further. Alexandra Mayers aka Monica Foster is my mediator. She can be reached at [phone number]. All further communication from you will be handled by her and/or her team. I am officially requesting that you cease communication with me immediately.
Victim L. has disclosed to the PornNewsToday team that upon the receipt of her check (which should be tomorrow – hopefully the check will be valid), she will be moving forward with her life outside of the Los Angeles porn industry. Victim L. has been extremely stressed and frightened by this situation and has fired Ideal Image Management as her agency.  The PornNewsToday team has put Victim L. in contact with individuals and organizations who specialize in this type of situation and has submitted reports as to the details of Victim L’s experiences to the appropriate individuals and state agencies.
As of tonight, Tee Reel stated to Alexandra Mayers aka Monica Foster of the PornNewsToday team the following:

Tee Reel threatens Alexandra Mayers aka Monica Foster
Are these the words you’d expect to hear from a professional business man, or someone attached to organized crime? You decide.
Below are text messages provided to the PornNewsToday team between Victim L. and Tee Reel aka TJ aka Jason Toler.
Victim L: 2:36 pm Jan. 6 I have Corey’s emails saved where he clearly said ill get the check in 1 to 2 weeks!
TJ: 2:36 pm Jan. 6 Corey said to you in email it make take 2 weeks- its 2 week as of today- it could be delivered today
you do understand that?
Victim L: 11:12 am Jan. 7 Is my check there???? Its tuesday already…we are on the third week!!!!
TJ: 11:27 am Jan. 7 You can come in Thursday between 1pm-5pm and pick up your check.
TJ: 11:17 am Jan. 9 (1/2) The company paid us today- accounting will deposit the check today it should clear by Sat please
come to the office Sat- between noon and 2:30pm or Mond-
TJ: 11:18 am Jan. 9 (2/2) ay 10am- 5pm.
Victim L: 11:21 am Jan. 9 You told me I can get the check today between 1 and 5 pm. I’m sick and tired of your stress and
games. I will pick up the check Sat. I cant wait till monday.
TJ: 11:42 am Jan. 9 We are not playing games with you – I am being professional and keeping you informed- please
see attached a pic of the check – made out to the company with your name in the Memo
Victim L: 4:15 pm Jan. 9 No telling someone that they will get the check in 1 or 2 weeks and then also telling them I’ll get
it today and canceling is not professional at all. You had my check the entire time. No need to bs your way out of this. I
will come and get my check Sat at noon and I better not hear anything else or how I can’t pick it up. Enough is
enough!!! I’m not stupid. Do not text me anymore with ur bs!!!
Victim L: 4:16 pm Jan. 9 I’ve been emotionally stressed with you and I will not deal with this anymore!!!!!!
TJ: 5:12 pm Jan. 9 (1/6) Once again as stated in the first meeting – some companies like the one you worked for pay
payroll! It can take 1 week to 60 days from payroll in some ca
TJ: 5:12 pm Jan. 9 (2/6) ses- if the check is made out to the company ( which this check was) then we deposit it into
our. Model Payment Trust Account once it clears( which can
TJ: 5:12 pm Jan. 9 (3/6) take in some cases 1-5 business days) we issue a check to the model minus the commission
amount- both parties have 48 hour to let each other know about an
TJ: 5:12 pm Jan. 9 (4/6) y received payment – and 48 to pay off once either of us notifies the other of receiving
payment- we received the check and I was honest enough to take a
TJ: 5:13 pm Jan. 9 (5/6) picture of it so you know 1- we received it 2- it was made out to the company and 3 the check
was issued for the scene you shot- being that it has your
TJ: 5:12 pm Jan. 9 (6/6) name [Victim L.] in the memo of the check. YOU ARE NOT BEING TAKEN ADVANTAGE OF OR
Victim L: 5:21 pm Jan. 9 So sat I will get my check at noon. Is that correct?
TJ: 5:22 pm Jan. 9 YES!
Who at the Ideal Image Management office spoke with Alexandra Mayers aka Monica Foster at 11:55am and provided her with the tracking number of Victim L.’s check & her mailing address? Corey is claiming it wasn’t him…
coreyidealimage to monica foster
click to enlarge
click to enlarge: take a look at what time this USPS tracking number was run through the USPS system.
click to enlarge: take a look at what time this USPS tracking number was run through the USPS system.
click to enlarge - Record from the Skype account used to call Ideal Image Models at 11:55am PST
click to enlarge – Record from the Skype account used to call Ideal Image Models at 11:55am PST
Upon request, saved texts and emails with time stamps can be provided to qualified parties to verify what time communication took place between Alexandra Mayers aka Monica Foster and Victim L.
Another interesting point, is that Victim L. also contacted Mike South of in regards to this issue. Prior to this article being posted, Mike South posted about the issue. Ari Bass aka Michael Whiteacre and Sean Tompkins of TheRealPornWikiLeaks contacted Jason Toler aka Tee Reel for his side of the story which countered that of Victim L.
It’s strange that Tee Reel was focused more so on Mike South in regards to details about the situation being brought to light rather than Alexandra Mayers aka Monica Foster of the PornNewsToday team – especially being that Corey (or someone in his office) spoke to Alexandra on the phone and provided the tracking number to her far earlier in the day than when Mike South received it.
Corey of Ideal Image Management to Mike South
click to enlarge – look at the time.
Corey of Ideal Image Management to Mike South #2
click to enlarge
Tee Reel claims to have been a licensed and bonded Talent Agent for 2 years now.  Maybe Ari Bass aka Michael Whiteacre can help Tee Reel become a part of LATATA since that seems to be his objective. Afterall – is he really any better or worse than the other agents (for example: Derek Hay of LAdirect Models)?
click to enlarge - as of 2.8.2014 Ideal Image Management is listed as an "unlicensed agency" by
click to enlarge – as of 2.8.2014 Ideal Image Management is listed as an “unlicensed agent” by
tee reel to sue Alexandra Mayers
tee reel to sue Alexandra Mayers #2
tee reel to sue Alexandra Mayers #3
tee reel to sue Alexandra Mayers #4tee reel to sue Alexandra Mayers #5
Source of Post in Full, Monica Foster, Porn News Today Investigative Blogger

More about  Pornstar and director Tee Reel

Why is Tee Reel having so many issues with his movie releases? This time it’s with Marc Drescher aka MarcFromTheDark

ALTA claims Tee-Reel’s Ideal Image Management isn’t a licensed agency after their breakoff from LATATA – Will ALTA attack next?

Is Tori Black OK? Her twitter may lead you to believe so but T-Reel makes me think otherwise…