All Articles
Everything MLRC has published, in any publication, since 2017.
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.
Anti-SLAPP Developments in the UK and Europe and What It’s Like Being Slapped in Greece
David HooperThere are things to learn from the markers set out by the EU and Council of Europe as to the identifying features of SLAPPs and how to produce a draft law acceptable to a wide spectrum of differing approaches to anti-SLAPP law.
RFK, Jr. Loses In New Hampshire
Jack GreinerKennedy's effort to have that court exercise jurisdiction over his defamation suit failed out of the gate.
D.C. Court Affirms Anti-SLAPP Dismissal, and Attorneys’ Fees, in Case About Newsroom Manager’s Workplace Conduct
Alia SmithThe D.C. Court of Appeals affirmed the dismissal of a pair of lawsuits, under the D.C. Anti-SLAPP Act, alleging claims of defamation, employment discrimination, false light, and tortious interference arising from expressions critical of a newsroom manager’s conduct at public radio station WAMU. This is the first case counsel is aware of extending the D.C.…
Calling Someone Racist Not Defamatory
Michael S. AndersonIn affirming dismissal, the Court of Appeals held that the characterization of a particular statement as “racial” or “racist” constitutes non-actionable opinion protected by the First Amendment.
Jury Awards $25M in Damages, Including $20M in Punitive Damages, for The Oklahoman’s Misattribution of Racial Slur
Michael NorwickActual malice finding and massive punitive award comes notwithstanding the Gannett-owned newspaper’s correction of the error within two and a half hours.
Happy Slam, Happy Conference
George FreemanExecutive director on MLRC's dynamic inaugural conference in Sydney.
FOIA Case for Records Could Mean Mexican Journalist Finally Wins Asylum in U.S.
Adam A. Marshall and Chuck TobinA federal FOIA case could be the key to a successful resolution of a Mexican journalist’s and his son’s decades-long fight for permanent U.S. asylum after fleeing their home country.
Fifth Circuit Affirms Preliminary Injunction Against Texas Prosecution of Netflix
Miranda A. CassidyThe Fifth Circuit concluded that the rule which ordinarily requires federal courts to abstain from interfering in state criminal prosecutions did not apply, due to the evidence that Netflix’s prosecution was the product of “bad faith” on the part of Tyler County District Attorney Lucas Babin.
Fifth Circuit Court of Appeals Affirms That Texas Book Rating System Is Unconstitutional
Laura Lee PratherUnlike the oral argument which focused primarily on the unconstitutional definitions and the workings of the rating scheme, the ruling leaned into a surgical analysis of standing, ripeness, and sovereign immunity that dissected each of the State’s arguments as to government speech, the government operations doctrine, and warning labels in great detail.
Controversial Politician Kari Lake Loses Anti-SLAPP Motion, Showing Flaws in Arizona Statute
Gregg LeslieThe recent denial of a controversial Arizona anti-SLAPP motion by politician Kari Lake has demonstrated the flaws and unanswered questions hidden in the Arizona Anti-SLAPP law, which was amended in 2022 and has yet to be the subject of an appellate decision.
Questions and Predictions for ’24
George FreemanMLRC executive director has questions on what the new year will bring in law, politics, sport, entertainment, and whether his column might benefit from an AI assist.
Dismissal of Golfer’s Defamation Suit and Fee Award Tees Up 11th Circuit’s Consideration of Anti-SLAPP in Federal Court
Linda Riedemann NorbutThe availability of Florida anti-SLAPP protection in federal court is teed up for resolution by the Eleventh Circuit Court of Appeals following the award of sanctions to media defendants who prevailed on claims by professional golfer Patrick Reed.
PEN America, Penguin Random House First Amendment Lawsuit Over Book Removal Moves Forward
Ojasvinee SinghThe lawsuit challenges the removal and restriction of books from school libraries on First Amendment free speech and Fourteenth Amendment equal protection grounds.