"The court also rejected the argument that the blog “referred to a matter or issue of public concern, further implicating First Amendment protections.” The court held that “similarly to the plaintiff’s status as a lawyer in Gertz [plaintiff’s] status as a bankruptcy trustee does not make statements about his actions in that role a matter of public concern.” The jury instructions therefore allowed them to find for plaintiffs simply if the defendant published a defamatory communication which damaged them."
Source and Full Article
A $40 Million Dollar Bankruptcy of an IRS Code / Tax Based Company ( Summit 1031 Exchange) is PUBLIC Concern. Money belonging to creditors and investors in 5 states and affecting many more is a PUBLIC Concern. The Actions of a bankruptcy trustee who was appointed by the actions of a Federal Judge and overseen by the Department of Justice is of PUBLIC Concern. Title Companies and Title Insurance in at least 5 states involved were and are is of PUBLIC Concern. There was an FBI, Social Security Administration, and Department of Justice Investigation, as well as Oregon Attorney General involved and this is certainly of is of PUBLIC Concern.
The Summit bankruptcy involved over 30 million in loans, and banking law violations, legal actions connected to Oregon's largest bank Umpqua Bank, this is certainly of PUBLIC Concern.
There were VERY large insurance companies involved in a VERY Public way.
Local and national newspapers, many blogs, SEC Reports and more reporting on the Summit Bankruptcy, it was in the AP Press and even in Montana Newspapers, which is where I first saw this Oregon bankruptcy and this is certainly of of PUBLIC Concern. As a real estate broker and owner of my own real estate company, I took note of a real estate / tax based business going bankruptcy, this bankruptcy and it's surrounding issues affects every real estate consumer, real estate broker, real estate lawyers, real estate firm and 1031 exchange companies and is truly of PUBLIC Concern.
There are many other factors to the activities of Kevin Padrick, Bankruptcy Trustee, and his company Obsidian Finance Group as to getting Tax Credits, Suing the State of Oregon over Solar Credits, involved in massive financial funds and affecting companies across the U.S that was and is CERTAINLY of PUBLIC Concern.