All Articles
Everything MLRC has published, in any publication, since 2017.
L*t’s G* Br*nd*n: The First Amendment Semiotics of Political Euphemism
Zoe Takala“Let’s Go, Brandon’s” journey from broadcast gaffe to political totem lays bare a dilemma in treating student speech: when minors in public schools use language tinged with — or descended from — vulgarity to make a political point, where does free speech end and school authority begin?
Federal Court Permanently Blocks Unprecedented Texas Book Rating Law
Michael J. LambertIn a case of first impression, the court granted summary judgment this fall in favor of a coalition of booksellers, publishers, and authors challenging Texas’s book rating law, HB 900 (the READER Act), and entered a permanent injunction enjoining key provisions of the statute.
Sweet Sixteen and Never Been Online: Australia’s Age-Gating of Digital Speech
Zoe TakalaThere’s a dark irony to Australia’s paternalism here. We’re a nation willing to jail ten-year-olds, yet hesitant to trust them with an Instagram account.
Will Carter be Rucked?
David HooperCarter-Ruck appears to be challenging the scope of the SRA’s investigatory powers – objecting to turning over their files to the SRA, where they contain legally privileged information. Given that these are uncertain times for the First Amendment, there may be lessons to be learnt in the USA as to whether there should be a…
Texas Court Dismisses Defamation Claim by Activist Who Campaigned for Removal of Books at State Historical Sites
Abby Lahvis and Maggie BurresonA Texas court of appeals dismissed a defamation claim by a prominent “anti-woke” activist who had complained to officials about antiracism books offered for sale at two state historical sites that once had been slave plantations.
RFK Jr. Loses Defamation Lawsuit Against Maine-Based Daily Kos Blogger
It’s hard to win a defamation lawsuit when you sue someone over things they didn’t say, or statements that are obviously expressions of opinion, or when you mischaracterize what they actually said.
Sally Jenkins and Bob Costas Hit Home Runs
George FreemanThe conversation between Hall of Fame sports journalists Sally Jenkins and Bob Costas was riveting to both sports fans and non-sports enthusiasts alike. But as many Broadway productions – and Gotham Hall is on Broadway – there was a lot of drama behind the scenes.
USTA’s Bad Call on Free Speech at the US Open
George FreemanThe USTA’s censorship of the crowd's reaction to Trump is cowardly, hypocritical and un-American.
Ten Questions to a Media Lawyer
Nancy WolffCowan DeBaets partner on her father's role in her decision to pursue law, AI and copyright, the Arnie Svenson case involving snapshots of NYC apartment dwellers, and the time she assisted a writer on The Good Wife.
Texas Supreme Court Narrows Available Relief Under the Public Information Act
David HelsleyThe ruling significantly narrows the enforcement mechanism of the TPIA and raises new questions about access to public records held by Texas’s most powerful elected officials.
Ninth Circuit Affirms Order Compelling Release of Contractor Diversity Reports
Brooke HendersonLooking forward, as more government work continues to be outsourced to federal contractors, this ruling provides media attorneys with another path when litigating Exemption 4 cases: commerciality is the new battleground. The Ninth Circuit proved that records must be more than simply “related to” a business to pass the threshold test of Exemption 4.
Seventh Circuit Holds Indiana “Police Buffer” Law is Unconstitutionally Vague
Grayson ClaryThe decision highlights that the Due Process Clause––complementing the First Amendment––provides journalists with important tools for challenging law enforcement discretion that threatens to chill newsgathering.
S.D.N.Y. Denies DOJ Request to Unseal Ghislaine Maxwell Grand Jury Transcripts
Matt KristoffersenThe government argued that the Maxwell grand jury materials would reveal new insights about the extent to which Epstein and Maxwell worked together to abuse children — or, at least, that the grand jury transcripts would shed new light on how the government investigated the two. But Judge Engelmayer said these reasons were “demonstrably false.”
Second Circuit Rules That Undecided Motions Are Judicial Documents Entitled to Presumption of Public Access
Sara Benson, Christine Walz, & Cindy GierhartThe Second Circuit found that the district court erred as a matter of law in holding that undecided motions rendered moot by the parties’ settlement of the case were categorically not “judicial documents” subject to a presumption of public access.
All in a Day’s Work? Carroll v. Trump and the Boundaries of Presidential Speech
Zoe TakalaIf Trump’s statements were indeed within the scope of his employment, the Presidential office gains extraordinary defamation immunity.
California Court Dismisses Amazon Tribe’s Libel Suit Against The New York Times and TMZ
Alexandra SettelmayerAt the heart of the suit was the allegation that The Times had claimed that the tribe was addicted to online pornography—something that The Times never said.
Illinois Legislature Amends the State’s Anti-SLAPP Law
Gregory R. NaronThe amendments to the CPA were specifically intended to override the Illinois Supreme Court’s nullifying interpretations in the Sandholm and Glorioso cases. After years of disuse, practitioners representing defamation defendants in Illinois courts should again consider filing CPA motions—with the opportunity to guide the development and rejuvenation of the law.
NBCUniversal Media Wins Summary Judgment in Devin Nunes Libel Suit
Alexandra M. SettelmayerIn granting summary judgment, the Court found that NBCU had not acted with actual malice because it relied upon the July 23, 2020 Politico Article, which it believed to be a reputable publication.
No Mulligan for Pro Golfer’s Dismissed $750 Million Defamation Lawsuit
Minch Minchin and Rachel E. FugateFollowing oral argument, the 11th Circuit upheld a dismissal of a $750 million defamation suit filed by professional golfer Patrick Reed because none of the dozens of at-issue statements were published with actual malice
Second Circuit Affirms Dismissal of George Santos’s Copyright Suit
Raphael Holoszyc-Pimentel and Nathan SiegelSantos had sued after the show Jimmy Kimmel Live! ran a segment called “Will Santos Say It?” that mocked Santos’s willingness to say absurd things for money in videos on the site Cameo—videos that Kimmel had allegedly tricked Santos into making.
