All Articles
Everything MLRC has published, in any publication, since 2017.
Ten Questions to a Media Lawyer
Marc RandazzaLas Vegas lawyer on the principles behind representing unpopular speakers, his uneasy place in the media bar, and why he views free speech work as a calling rather than a conventional legal career.
Ninth Circuit Considers Public Access to Decades-Old Wiretap Records
Alexander Song and Brooke HendersonThe Ninth Circuit now has a rare opportunity to address whether decades old wiretaps can be unsealed by a news organization under Title III’s “good cause” standard for disclosure, and whether the First Amendment right of access extends to sealed wiretap records after an investigation has closed in its review of In re Petition of…
Texas Supreme Court Holds the TCPA Applies to Constitutional Challenge to The Texas Heartbeat Act
Sean NussbaumThe Court resolved only the question of whether the TCPA’s dismissal procedure was available to Weldon and remanded the case to the court of appeals to consider the remaining steps involved in the TCPA analysis—whether the Lilith Fund can establish a prima facie case for its claims and whether Weldon can establish a defense as…
Tennessee Supreme Court Orders Unsealing of Judicial Disqualification Records and Adopts Compelling-Interest Standard for First Amendment Right of Access
Paul McAdoo and Claudia Liss-SchultzThough the opinion is not a slam dunk—notably, the Court incorporated aspects of the “good cause” standard for protective orders into its compelling-interest analysis—it is nonetheless an important win for access rights in the state.
New Jersey UPEPA Appellate Review Gathers Steam
Bruce S. RosenNew Jersey’s appellate courts – after at least one false start – appear ready to definitively interpret UPEPA and the scope of anti-SLAPP protection.
Seventh Circuit Tosses “Are We Dating the Same Guy?” Lawsuit — and Considers Sanctioning Plaintiff’s Lawyers
Matt KristoffersenNikko D’Ambrosio cannot move forward with his lawsuit over posts made about him in Chicago’s “Are We Dating the Same Guy?” Facebook group, the Seventh Circuit held in May. And his lawyers may have their own problems now, too.
The MLRC’s European Conference: A Dramatic Return to Paris
George FreemanMLRC’s European Conference returned to Paris, highlighting both the growing community of European media lawyers and substantive transatlantic debates over libel, privacy, source protection, hate speech, and free expression.
Can a Federal Court Award SLAPP Fees On a Motion to Dismiss?
Adam I. RichA March 2026 opinion from the District of Delaware adds a new wrinkle to the ongoing debate over how federal courts apply the fee-shifting provision of New York's anti-SLAPP law.
Texas Court Dismisses Defamation Claims Against Sahara Reporters Due to Lack of Personal Jurisdiction
Douglass BrownThe court held that Sahara Reporters’ website, while minimally interactive, did not constitute sufficient contacts with Texas to establish personal jurisdiction over Sahara Reporters because the focal point of the alleged libel and harm was in Nigeria, not Texas
Court Dismisses Defamation Claim Against John Oliver Over Medicaid Segment, But Denies Request for Fees Under New York’s Anti-SLAPP Law
Sasha DuddingThe court held that the statements at issue, which sharply critiqued plaintiff Dr. Brian Morley’s denial of home health aide visits to a Medicaid patient, were protected speech on numerous grounds: under New York’s fair report privilege, as substantially accurate, as statements of opinion, and as not of and concerning the plaintiff.
Second Circuit Affirms Dismissal of Satanic Temple Case Against Newsweek
Cameron Stracher and Sara TesorieroThe court reiterated that “there is a critical difference between not knowing whether something is true and being highly aware that it is probably false, and only the latter establishes reckless disregard in a defamation action.”
Florida Court Dismisses $885 Million Defamation Claim Against The Miami Herald
Scott Ponce, Christine Walz, Kaatje Greenberg and Elizabeth BrownsteinThe court dismissed the complaint with prejudice, finding that "no amendment of the complaint would change the non-defamatory statements into defamatory ones."
AI and Online Child-Safety Dominate Agenda at San Francisco Digital Conference
Michael NorwickOur May 14th conference brought together approximately 155 lawyers – some from across the globe – to San Francisco to share their perspectives on the shifting legal landscape that is being driven by concerns surrounding AI and child safety.
Ten Questions to a Media Lawyer
Eric WeslanderKansas lawyer on his start in the business, good advice from his mentor Bernie Rhodes, midwestern cliches, his band The Fixers, and more.
Washington Post Wins Access to Police Use of Force Records
Marietta CatsambasThe court reaffirmed the Maryland Public Information Act’s broad disclosure mandate and held that certain police use-of-force records, including records of highly publicized incidents involving force against members of the public, were subject to disclosure.
Use of Video Still Ruled Fair Use as a Matter of Law
Marc RandazzaA crypto empire that collapsed, a porn actress was at the center of it, and there was a failed attempt to use copyright law as a tool of censorship.
Tenth Circuit Affirms Fair Use Defense for Documentary’s Use of Video Footage
James BerkleyRuling after panel rehearing, the Tenth Circuit held that documentary filmmakers need not “target” or directly comment on a copyrighted work for its use in a secondary work to be considered “transformative” under the Copyright Act’s four-factor fair use analysis.
Knew It But Didn’t Stop It: Supreme Court Clarifies Limits on Secondary Copyright Liability in Cox v. Sony
David L. Hayes and Aaron DunnContributory copyright infringement liability now turns on a service provider’s direct actions, such as its active encouragement or design of its services, rather than on the adequacy of compliance programs.
Press Freedom and Public Broadcasting: NPR v. Trump and the Limits of Executive Authority
Katie Townsend, Tate Rosenblatt, and Ellie SchwieteringThe ruling reaffirms longstanding First Amendment principles that the government may not use its spending power to punish disfavored speech or coerce editorial outcomes.
Second Circuit Affirms Dismissal of Defamation Claim by “Kai the Hatchet Wielding Hitchhiker”
Lynn Oberlander and Sasha DuddingMcGillvary contended that the Rolling Stone article contained four defamatory statements about him. The trial court, and now the Second Circuit, agreed with Rolling Stone that none of the statements at issue were defamatory.
