All Articles
Everything MLRC has published, in any publication, since 2017.
Toothless Termination: What Yonay v. Paramount Pictures Reveals About the Limits of § 203 Termination for Nonfiction Source Material
Jeffrey A. Payne*Yonay did not break new ground; it faithfully applied settled copyright law. But in doing so, the decision revealed a structural mismatch between § 203’s policy ambition (sharing in the fruits of commercial success) and the copyright framework’s limits
Ten Questions to a Media Lawyer
Rebecca Hughes ParkerNew York lawyer on her start in the business, the relationship between sports and law, British mysteries and more.
Oklahoma Supreme Court Issues Landmark Decision Requiring Public Access to Jail Altercation Video that Led to Inmate’s Death
Anna Kaul and Kaitlin GurneyThe Supreme Court of Oklahoma, in two decisions issued in November 2025 and March 2026, held that public trusts operating detention centers do not qualify as law enforcement agencies under the Oklahoma Open Records Act, and therefore are not entitled to more limited disclosure requirements.
When Celebrity Doctors Aren’t Celebrities: The Public Figure Question in Colker v. Callis
Kylie M. HuffA federal judge in Connecticut has ruled that a defamation action brought by a celebrity doctor associated with WWE founder Vince McMahon may proceed.
Court Dismisses “January 6” Participant’s Defamation Claims Based on Fair Report Privilege, Substantial Truth, and Failure to Identify “John Doe” Reporters
Sara Benson, Todd Hambidge and Robb HarveyA Tennessee federal court recently dismissed a defamation action against Tegna and its Knoxville affiliate, holding that the challenged news reporting was protected by the fair report privilege and, in any event, was substantially true.
Arizona Trial Court Denies Motions to Dismiss The Intercept’s Suit Seeking Government Surveillance Records
Heather MurrayThe suit could have significant implications for the press and the public’s ability to access public records stored with entities performing a governmental function.
The Tribulations and Trial of Afroman
Jack GreinerAn Adams County, Ohio jury recently returned a verdict in favor of Joseph Foreman, aka "Afroman" in a defamation trial filed by several police employed by Adams County.
Ohio Supreme Court Won’t Let Trial Judge Dim the Lights on Courtroom Coverage
Griffin R. Reyelts and Melissa L. WattThe case arose from the media's coverage of high-profile trials of former FirstEnergy Corp. executives Charles Jones and Mike Dowling, who were charged for their alleged roles in a 2019 Ohio House Bill 6 bribery scandal.
North Carolina Federal Court Upholds State Ban on Ballot Selfies
Sydney GriffithIn Hogarth v. Bell, the court narrowed the case to the plaintiff’s in-booth conduct, treated the polling place as a nonpublic forum, and upheld the challenged statutes as reasonable, viewpoint-neutral restrictions.
SLAPPs as a Tool to Silence the Press: How Brazil Is Responding to a Growing Threat
Simone Lahorgue NunesRaising public awareness about SLAPPs – and about the threat they pose to democratic debate – is a crucial first step. Only by acknowledging the problem can Brazil move toward a more robust legal framework capable of safeguarding the right to inform, and to be informed, on matters of public interest.
MLRC’s March Conferences Spotlight Escalating Legal Challenges at Home and Abroad
George FreemanMLRC's Latin American Conference, held in Miami, and Entertainment Conference, in Los Angeles, were both massive successes.
Ten Questions to a Media Lawyer
Al-Amyn SumarNew York Times lawyer on his start in the business, defending Max Frankel, D.C. must-sees and how to win the Times as a client.
Substantial Similarity in Sedlik: The Potential Reckoning of Copyright’s “Intrinsic Test” in the Ninth Circuit
Nancy Wolff and Isabella HyunAlthough Kat Von D won the battle in this case, she may not have ultimately won the war. The days of the Ninth Circuit’s “intrinsic test” may be numbered, as evidenced by the many and detailed criticisms by scholars, practitioners, and now by the court itself.
Texas Pickleball-Tennis Feud Defamation Case to Proceed
Matt KristoffersenA Texas pickleball supporter can proceed with his defamation lawsuit against a homeowner’s association member after she allegedly implied he was a “pervert, pedophile or sexual predator” at a board meeting.
New Jersey Court Denies Anti-SLAPP Motion in Political Speech Case
Bruce S. RosenThe New Jersey Appellate Division has issued a published decision on New Jersey’s anti-SLAPP law that appears to undermine the statute’s processes, while also potentially retreating from that court’s explicit requirements for pleading actual malice and the state’s strongly defined tolerance for hyperbolic political speech.
Washington UPEPA Appellate Decision Holds Parishioner’s Statement That Encounter with Pastor Was “Rape” Is Not Defamatory
Theo A. Lesczynski and Eric M. StahlIn a decision that strengthens First Amendment protections for sexual assault survivors who choose to speak out, the Washington Court of Appeals dismissed a pastor’s defamation lawsuit against a parishioner who characterized a sexual encounter with him as “rape.”
Court Quashes Journalist Subpoena Under New York Shield Law
Michael Martin LinhorstThe Third Department Appellate Division quashed a subpoena seeking the identity of a journalist’s unnamed but non-confidential source, reaffirming the high bar New York’s Shield Law sets for obtaining any unpublished information from a journalist.
Tennessee Court Expands Access to Executions for Media Witnesses Based on the First Amendment and State Law
Claudia Liss-Schultz and Allyson VeileA Tennessee trial court joined the Ninth Circuit and the Middle District of Pennsylvania in holding that there is a First Amendment right of access to executions.
The Assault on Freedom for the Thought — and Speech — We Hate: Stifling, Restraining and Punishing Criticism and Protests
George FreemanOvercoming Trump's authoritarian maneuverings to shut up all dissenting views and shut down all opponents will be a prolonged fight. It will only be won if those being stifled and restrained, including media companies and law firms, take collective action and work together in a courageous and cohesive way to resist those who would minimize…
January 6, 2021: Saving the Truth from the Whitewash
Lauren Russell, Chuck Tobin, and Max MishkinBefore, the work for the coalition was about providing contemporaneous access to the evidence. Now, the mission pivoted to preserving history, making sure the truth about January 6 is never capsized in the waves of propaganda.
