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Everything MLRC has published, in any publication, since 2017.

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Jan 2025

Ninth Circuit Reverses Copyright Lawsuit Against Aritzia, Opening Up Possibility of Copyright Protection for Kinetic Sculpture

Rachel Oh

The Ninth Circuit noted that “copyrightability of kinetic and manipulable sculptures” is “an area of copyright law that has not yet received much attention” and “may be better informed with a more complete factual record.”

Jan 2025

New Jersey Supreme Court Ensures Body-Worn Camera Video Access

CJ Griffin

The first New Jersey Supreme Court decision interpreting the state’s new Body-Worn Camera Law scales back prior case law that limited access to criminal investigation records and provides clarity regarding some of the law’s provisions.

Jan 2025

Former Northwestern Baseball Coach’s Defamation Claim Dismissed with Prejudice

Julia Dacy

The Tribune argued that the Illinois innocent construction rule required dismissal of all claims because the statements describing Foster’s coaching style as tough or demanding did not necessarily call into question his integrity or ability to do his job.

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Jan 2025

Defamation Lawsuit against Baby Reindeer Survives Motion to Dismiss

Rachel Oh

The court held that plaintiff, Scottish law graduate Fiona Harvey, sufficiently pled that the series was “of and concerning” her and published with actual malice. Key to the court’s ruling was an opening title card stating “this is a true story” which it found outweighed a disclaimer at the end of each episode that the…

Jan 2025

Court Dismisses Implied Defamation Claims Brought by Former Principal in New York Philharmonic

Kate Bolger and Mary Goetz

The opinion from the Southern District of New York found that neither a longform article nor statements made by its author on a podcast intended to imply defamatory statements about the plaintiff.

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Jan 2025

Fox News SLAPPs Defamation Suit, Wins Attorney Fees in District Court

Matt Kristoffersen

A former Hunter Biden business partner faced a double loss in the Southern District of New York late last year. Anthony Bobulinski’s $30 million defamation lawsuit against Fox News’s Jessica Tarlov, filed after the co-host of “The Five” said that a Trump Super PAC paid his legal fees, couldn’t survive a motion to dismiss under…

Jan 2025

Ohio Enacts Anti-SLAPP Law

Kevin T. Shook

For years, the absence of an Anti-SLAPP law left Ohio news outlets vulnerable to lawsuits bankrolled by powerful interests seeking to suppress truthful reporting. The state's new law aims to level the playing field.

Jan 2025

In Texas, Free-Speech Advocates Gear Up for Another Anti-SLAPP Fight

Laura Prather and Reid Pillifant

With big money and political influence still pushing SB 336, free speech advocates expect another bitter fight that could go the full 140 days.

Jan 2025

Truth, Information Quality, and the Increasingly Complex Work of the MLRC

Jeff Hermes

The value of truth is not always as useful a signpost as it once was when thinking about the First Amendment.

Dec 2024

Utah Court Dismisses Defamation Suit Against Newspaper Under Uniform Public Expression Protection Act

Jeffrey J. Hunt, David C. Reymann, and Tammy M. Frisby

A Utah state district court recently dismissed a defamation lawsuit brought against a weekly newspaper in what is believed to be the first application of the state’s new Uniform Public Expression Protection Act (UPEPA) to news reporting.

Dec 2024

Second Circuit Affirms Dismissal of Defamation Case Against Newsweek

Cameron Stracher and Sara Tesoriero

The Second Circuit has affirmed the dismissal of a defamation claim against Newsweek on substantial truth and fair report grounds.

Dec 2024

Ten Questions to a Media Lawyer

Mark Caramanica

Florida lawyer on his start in the business, key cases, favorite podcasts and karaoke picks.

Dec 2024

Australia Adopts Statutory Tort for Serious Invasions of Privacy

Patrick Considine and Peter Bartlett

This new cause of action empowers individuals to sue another person or entity where that person or entity invaded the individual’s privacy by intruding upon their seclusion or misusing information relating to them. 

Dec 2024

Sarah Palin’s Second Chance to Try Libel Case Against The New York Times Set for April

Tim Tai

The move comes after a panel of the U.S. Court of Appeals for the Second Circuit threw out a jury verdict and the judge’s own Rule 50 decision for The Times in August, reviving Palin’s case.

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Dec 2024

Defamation Suit Over Nancy Grace True Crime Show and Podcast Dismissed

Mary Ellen Roy and Elana Beiser

Considering the allegedly defamatory statements as a whole in the context in which they were made, the Court held that they are not defamatory because they are not “of and concerning” the Plaintiffs, are substantially true, and/or are opinion on disclosed facts.

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Dec 2024

TikTok Falls Under the Long Shadow of Holder

Jeff Hermes

This case presents what I have started to think about as a First Amendment checksum error: If you interpret the First Amendment as not only permitting but actually justifying greater government control over the content of speech, then you know there is an error in your analysis even if you can’t pinpoint it.

Dec 2024

Santa’s Gift List for Media Players Naughty and Nice

George Freeman

MLRC executive director dons his Santa cap and distributes gifts to the year's biggest newsmakers.

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Dec 2024

Actual Malice Practice Guide

This new edition builds on the excellent work done in past versions of the Practice Guide by adding important new case law to existing sections, as well as adding new sections. Most notably, the Practice Guide now includes an in-depth look at the pleading standards for actual malice under the Supreme Court’s Twombly and Iqbal…

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Nov 2024

MLRC Annual Dinner

A stellar panel of journalists discussed How the Media Covered the Presidential Election – and the political, legal and journalistic questions surrounding the campaign and election of Donald Trump.

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Nov 2024

Ten Questions to a Media Lawyer

David Hosp

Boston lawyer on his start in media law, important cases, his sideline as an author of legal thrillers, watching family perform at Lollapalooza and more.