All Articles
Everything MLRC has published, in any publication, since 2017.
Third Circuit Cites First Amendment to Limit § 230 Protection
Jeff HermesIn its opinion in Anderson v. TikTok, the Third Circuit held that Section 230 offers no protection for the sua sponte recommendation of content by social media platforms.
Court Applies Rogers v. Grimaldi to Dismiss Trademark Case Over Book Cover and Use of Photographs
Elizabeth SchilkenIn a ruling reaffirming the vitality of the Rogers v. Grimaldi test on motions to dismiss, a federal judge has dismissed a lawsuit alleging the bestselling memoir Surviving to Drive, authored by Formula 1 racing figure Guenther Steiner, infringed the trademarks of a corporate sponsor.
Publishers Win Anti-SLAPP Motion and Fee Award in Lawsuit Over Book Cover
David Aronoff and Josh BornsteinThe lawsuit involved claims by plaintiff Patrick Wizmann, who alleged that a statement written on the dust jacket of the book Dreams Don’t Die is allegedly false and misleading.
Court Dismisses Libel Claim by Former Nonprofit Leader Accused of Bad-Boss Behavior
Matthew S.L. Cate and Alia L. SmithA former executive director of a non-profit research group focused on gender equality failed to state a libel claim arising from an article about her embattled leadership and working conditions during her tenure, a district court judge ruled in September.
Court Dismisses Defamation Claims Brought By Buffalo Strip Club Owner
Daniela Abratt-CohenA Buffalo strip club owner who alleged he had been defamed by news articles about his arrest cannot proceed with his claims after a Miami judge ruled that the reporting at issue was substantially true, privileged as an official report, and protected by the wire service defense.
London Conference a Resounding Success with Engaging Panels, Fun Receptions
George FreemanMLRC executive director on the various panels and parties constituting MLRC's latest biennial London Conference.
NH Court Rules Union Leader Op-ed “Merely Expressive Rhetoric … Not Designed to Assert Factual Allegations”
William L. ChapmanOp-ed charged plaintiff with supporting white supremist ideology.
Brett Favre’s Defamation Suit Gets Sacked by Fifth Circuit
Mark FijmanThe court concluded that Mississippi defamation law protected Sharpe’s pointed commentary as non-actionable opinion based on disclosed factual premises.
Ten Questions to a Media Lawyer
Jennifer DukarskiMichigan lawyer on notable cases, the future of AI, karaoke picks, and more.
Government Contractors Must Respond to Public Record Requests, Georgia Supreme Court Rules
Peter CanfieldOn August 13, 2024, the Supreme Court of Georgia unanimously reaffirmed the public’s right under Georgia law to demand records from state and local agencies’ private contractors.
Minnesota Court of Appeals Enjoins Trial Court from Enforcing Prior Restraint Orders Against Broadcast Station
Isabella Salomão NascimentoThe appellate court’s order enjoined the trial court judge from enforcing a pair of orders that prohibited a local television station from reporting on a document it legally obtained from the online court docket and that went so far as to require the document’s destruction.
Court SLAPPs County’s Suit to Restrain Publication of Text Messages
Linda Riedemann NorbutIn a significant victory for press freedom and a reaffirmation of First Amendment protections, a Florida court recently dismissed a lawsuit filed by Escambia County seeking to compel the return of text messages from County Commissioner Jeff Bergosh’s personal phone.
9th Circuit Affirms Dismissal of Claimed Censorship Case Against Facebook and Fact-Checking Organizations Brought by RFK, Jr. Group
Daniela Abratt-CohenThe Court held the district court properly dismissed a case filed by Children’s Health Defense, a nonprofit organization founded by Robert F. Kennedy, Jr., that advocates against vaccines, finding that it failed to a state a claim that fact-checks, and other restrictions, regarding its ability to post and fundraise on Facebook violated the First Amendment…
George Santos Loses Cameo Copyright Case
Raphael Holoszyc-Pimentel, Eric Feder, and Nathan SiegelSantos sued after the show Jimmy Kimmel Live! used short videos of Santos saying absurd things in exchange for money on the site Cameo—videos that Kimmel allegedly tricked Santos into making. The defendants moved to dismiss Santos’ complaint on the grounds that they made a fair use of Santos’ videos.
Discovery Trumps Statute of Limitations in Libel Suits
Jack GreinerThe Ohio Supreme Court recently decided that a libel plaintiff could bring a lawsuit well beyond the expiration of the one-year statute of limitations if the plaintiff didn’t know about the libel until after the statute had run.
Strange Facts, But Wire Service Defense Wins the Day in Florida
Charles GlasserWhile the facts of the case are almost one-in-a-million, the legal issues – involving libel by embedding allegedly defamatory tweets written by others – is something we are dealing with more and more frequently.
Journalist Prevails on Fair-Report Privilege Defense After Unsealing Critical Court Records
Matthew S.L. Cate and Robert S. GutierrezA series of news articles fairly and accurately reported on criminal proceedings, even if they deployed “some literary license” in reporting that a disbarred California lawyer was “linked to [a] black eye,” a district court judge ruled in August.
Maine Libel Decision Favoring Media Organizations Affirmed
Cynthia Counts and Rachel WerthehimerThe First Circuit affirmed the summary judgment decision of the District of Maine that dismissed defamation claims filed by a former Veterans Administration podiatrist against four media organizations and four reporters.
Stars and Stripes and the Union Jack
George FreemanMLRC Executive Director on how flag burning could influence the presidential election; and ponders just what makes London, site of the upcoming MLRC Conference, such an unusually pleasurable city.
Ten Questions to a Media Lawyer
Michael BerryBallard Spahr partner on the Hulk Hogan trial, lawyering in the tropics, college ball, the best food in Philly and more.
