All Articles
Everything MLRC has published, in any publication, since 2017.
Regina Thomas Elected New MLRC Board Chair
George FreemanAt a recent MLRC Board meeting, Regina Thomas was unanimously elected as the Board’s new Chair.
Ten Questions to a Media Lawyer
Michael CameronNews Corp. Australia lawyer on his start in media law, big cases, differences between legal cultures in New York and Sydney, Australia must-sees and more.
Authors’ Vicarious Infringement Claims Against ChatGPT Dismissed
Matt KristoffersenThe U.S. District Court for the Northern District of California recently dismissed most of a collection of claims brought by a group of authors against OpenAI, alleging that the artificial intelligence company infringes their copyright when it uses their works to train its large language model ChatGPT.
Texas Federal District Court Grants Access to Previously Sealed Judicial Records in True the Vote Litigation
Zachary BelewIn granting the motion to unseal, the court held that the “public access presumption” outweighed any confidentiality interest True the Vote asserted because True the Vote did not “articulate any specific harm created by the disclosure.”
Connecticut Supreme Court Reaffirms Public Right to Access Cold Case Records
Stephanie RiceThe Supreme Court of Connecticut issued a ruling of first impression defining the scope of an exception to the state FOIA law allowing police to withhold investigative information “to be used in a prospective law enforcement action” if disclosure would be “prejudicial to such action.”
D.C. Circuit Reinforces FOIA’s Foreseeable Harm Requirement
Stephen Stich MatchThe statute now generally requires agencies to show both that an exemption applies and that disclosure would cause recognized harm. But despite being on the books for eight years, the D.C. Circuit’s ruling is only one of a handful to grapple with the requirement.
Eleventh Circuit Declares Florida’s “Stop W.O.K.E. Act” a Constitutional Sin
Daniela Abratt-CohenIn Honeyfund.com, Inc. v. Governor of Fla., the Court found unconstitutional a Florida law that prohibits mandatory workplace meetings and trainings that endorse a viewpoint the government finds offensive.
Texas Appellate Court Rejects LLC Plaintiff’s Bid for Statewide Venue in Defamation Case
Marc FullerA Texas court of appeals recently clarified the state’s venue statute governing libel and slander claims, rejecting an interpretation that would have given limited liability companies, partnerships, and other business entities the ability to file suit almost anywhere in the state.
Court Quashes Prosecution Subpoena to New Yorker Journalist
Fabio BertoniJudge Schofield held that, even though the government sought solely to authenticate non-confidential, on-the-record statements that were published in The New Yorker article, it must meet the heightened standard required for confidential information, because confidential source information is within the scope of a potential defense cross-examination of the reporter.
DC Court Holds Journalist in Contempt for Refusing to Disclose Confidential Sources
Zachary BaboThough the district court found Herridge in contempt, Judge Cooper’s opinion noted the possibility that the D.C. Circuit could “take the opportunity to refine the applicable First Amendment test in Herridge’s favor or recognize a new federal common law newsgathering privilege broader than the constitutional analog.”
The Supreme Court Rules on Social Media Blocking
Jeff HermesIn a unanimous ruling, the U.S. Supreme Court enunciated the standards by which a court should determine whether a public official’s action in preventing someone from commenting on the official’s social media page constitutes state action.
Investigative Reporter Wins Access to California Official’s Calendar Entries
Steve ZansbergOn March 5, Judge Chang issued a Final Ruling, in a case under California’s Public Records Act, granting a Writ of Mandate that commands Governor Gavin Newsom to release the calendar entries of all meetings between his Cabinet Secretary and any representative of Pacific Gas & Electric in May 2023.
MLRC Goes West
Jeff HermesOur Entertainment & Media Law conference kicked off the season on March 21st, with the MLRC working once again with our partners at Southwestern Law School once for our half-day conference in Los Angeles. I’m pleased to report that our early notices were all extremely positive.
Supreme Court, Second Circuit Consider Copyright Infringement Statute of Limitation Implications
Gillian VernickNeither case squarely presented the question of when a copyright claim ‘accrues,’ understood by many federal circuits as when the copyright owner first “discovers” the allegedly infringing use. However, the challenges that both cases raise about the discovery rule’s application may hint at its potential impermanence.
Missouri Legislature Considers Anti-SLAPP Bill
Jean ManekeThere are at least two other bills pending in the Missouri legislature containing nearly identical anti-SLAPP language, one before the House and one before the Senate, but neither of those bills has been set for a committee hearing yet and it gets more and more unlikely that they will move quickly once spring break is…
Broadcaster Wins Summary Judgment and Attorneys’ Fees Under New York’s Expanded Anti-SLAPP Statute
Jacquelyn Schell and Chad BowmanThe news reports about sexual assault claims against the Catholic Church were protected by the fair report privilege and plaintiff failed to adduce any evidence of gross irresponsibility.
The Supreme Court Hears the NetChoice Cases
Jeff HermesWhatever happens here, it seems unlikely that we will see a straight thumbs-up or thumbs-down on the constitutionality of the state laws.
Fourth Circuit Rules Against News Org’s Use of Ted Nugent Photograph
Jamie Ehrlich and Cynthia A. GierhartThe Fourth Circuit ruled that a news organization’s use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news organization did not alter or add any new expression required to overcome the requirements for proper attribution.
Prosecutor’s Defamation Suit SLAPPed On Appeal
Cam RukThe Supreme Court of Texas granted a newspaper’s anti-SLAPP motion, dismissing a state prosecutor’s claim that he was defamed in an article discussing a wrongful murder conviction.
Massachusetts High Court: Motive is Irrelevant Under Anti-SLAPP Law
Jeffrey J. PyleIn Bristol Asphalt v. Rochester Bituminous Products, the court overturned a controversial 2017 decision that required evaluation of the SLAPP filer’s “primary motivating goal” for bringing suit. The court also held that appellate review of anti-SLAPP decisions will henceforth be de novo, not for abuse of discretion.
