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Ten Questions to a Media Lawyer

Ballard Spahr partner on the Hulk Hogan trial, lawyering in the tropics, college ball, the best food in Philly and more.

Analyst Report and New York Times Article About Crypto Crash Not Defamatory

Having failed to show that Arkham’s report was published with actual malice, the court readily found that Dfinity also failed to establish that The Times’s summary of those same allegations was published with actual malice.

First Circuit Denies Qualified Immunity in First Amendment Retaliation Case

The decision in Berge v. Sch. Comm. of Gloucester, (1st Cir. July 15, 2024), underscores the robustness of free speech protections and marks a rare application of an exception to qualified immunity where the public official’s acts were obviously unconstitutional.

“Vanderpump Rules” Revenge Porn Lawsuit May Proceed, Judge Rules

Judge Crowley reasoned that Madix did not have her boyfriend’s consent to access the contents of his phone.

Docuseries Not Defamatory as a Matter of Law

A Florida state court recently held that a docuseries titled Paul T. Goldman did not defame the woman on whom one of the main characters was based, holding that the series was not capable of defamatory meaning and was not “of and concerning” the plaintiff.

Pennsylvania Enacts Anti-SLAPP Statute

The new law is the culmination of more than a decade of lobbying by free-speech advocates from across the political spectrum.

Copyright Law Used to Deny Access to Covenant School Shooter’s Manifesto

Beware the Attacks on the First Amendment by a Trump Presidency

The MLRC stands ready to help in whatever way it can.

Ten Questions to a Media Lawyer

Freedom Forum First Amendment specialist on his start in the business, conversations with Fidel Castro and Hugo Chavez, why he avoids the term "weaponizing the First Amendment," and more.

A View from the Northern Ireland Bench

I am delighted to be able to provide a perspective from the Northern Ireland Bench on freedom of expression, the right to privacy and the protection of reputation.

Court Orders D.C. Police to Produce Thousands of Records About Monitoring Citizens’ Social Media Accounts

The MPD produced more than 160,000 records totaling roughly 700,000 pages, which shed significant light on how MPD keeps tabs on citizens, including those engaged in lawful protest activity, through its monitoring of social media accounts. The District also agreed to pay $400,000 in attorneys’ fees.

American Survivors of Israel’s Deadly 1967 Attack on the U.S.S. Liberty Still Seek Answers

Kinnucan’s lawsuit forced the disclosure of hundreds of documents previously withheld by the government for decades. But NSA has repeatedly stalled and even unilaterally decided to “reprocess” her request after briefing on the case had commenced in the Ninth Circuit. The reason for the delay seems clear; time is running out.

First Amendment Lawsuit Forces Jail Policy Changes, Prompts National Call to Action

A journalist’s First Amendment lawsuit against a county in western Pennsylvania has resulted in a settlement agreement requiring local officials to revise policies that prevent jail employees from speaking publicly without the warden’s permission.

Capitol “Rioter” Suit Against CNN Dismissed

“At bottom, the Court agrees with CNN that Plaintiff Jacob Hiles ‘essentially is trying to blame CNN for taking his own words at face value,’” Judge Allen wrote in her decision granting summary judgment. “Under the circumstances of this case, CNN was entitled to do so, and its reporting is protected by the fair report…

Fox News Dismissed from Lawsuit in Less Than 90 Days with Public Apology

Garcia’s counsel publicly pilloried Fox—the first named defendant in the case—for its supposedly shoddy journalism. There was just one problem: Fox News Network had been careful not to publish Garcia’s image before it could be verified. As a result, Fox never published Garcia’s image.

NY Appellate Court Affirms Dismissal of Claims and Award of Attorney’s Fees in Favor of Media

First Anti-SLAPP Win under NJ’s New UPEPA Law

Nine months after New Jersey enacted its first anti-SLAPP law, essentially adopting the Uniform Public Expression Protection Act, a New Jersey trial court was the first to dismiss a SLAPP action.

Media Rallies to Support Citizen Journalist in SCOTUS Qualified Immunity Case

More than thirty journalists and media organizations filed amicus briefs in support of Priscilla Villarreal, a citizen journalist who was arrested for requesting and reporting truthful information from a police officer.

Vidal v. Elster, or, What Happens When the Supreme Court Lacks a Fundamental Theory of the First Amendment

The Court’s struggle to find a deciding principle stems directly from the siloing of First Amendment law into discrete doctrines – public forums, government benefits, and so on. The fact that this case did not neatly fit into these categories is what led Justice Thomas to abandon logic for history, Justice Kavanaugh to give up…

MLRC and the Historic Commonwealth: Conferences in Sydney and Dublin

In January MLRC held a full-day Conference in Sydney, drawing some 125 Australian lawyers. Then last month, in Dublin, we presented the eighth in a series of European Conferences.