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

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May 2023

“Metabirkins” NFT Trial Tests Multiple Legal Theories

Toby Butterfield and Stephanie Smith

Hermes International sought legal remedies against Los Angeles artist Mason Rothschild for his creation and sale of NFTs, without obtaining Hermes’ authorization, depicting digital images of revised versions of Hermes’ iconic “Birkin” handbag.

May 2023

The Supreme Court’s Next Target: Social Media

Clay Calvert

In late April, the U.S. Supreme Court agreed to hear two cases affecting citizens’ ability to sue government officials who block them on social media. When the court tackles O’Connor-Ratcliff v. Garnier and Lindke v. Freed (likely this fall), it should embrace a rule that enhances, not constrains, the First Amendment right to engage with…

May 2023

Ohio Court of Appeals Affirms Dismissal of Police Chief’s Defamation Claims Linked to True Crime Podcast

Kevin T. Shook

The court of appeals affirmed that plaintiff lacked evidence of actual malice and also found certain statements were not actionable under Ohio’s innocent construction rule.

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May 2023

Court Dismissed Defamation Case Arising from Environmental Advocacy Group’s Campaign to Protect Canadian Forests

Chelsea Kelly and Laura Handman

After seven years of litigation, court ruled that defendants had not acted with actual malice and dismissed the case in full.

May 2023

Court Dismisses Trump’s Tortious Interference Claim Against The New York Times

Samantha C. Hamilton

Judge Reed’s decision is especially important for reporters who have sources with NDAs.

May 2023

Florida Appellate Court Orders Public Release of State Grand Jury Materials from Failed Jeffrey Epstein Prosecution

Nina D. Boyajian and Layal L. Bishara

The Court of Appeal held that courts have inherent authority to order the disclosure of grand jury materials, “despite the traditional rule of [grand jury] secrecy.”

May 2023

Thrilled to Bits: MLRC Digital Conference A Resounding Success

George Freeman

We had about 150 attendees — about a pre-pandemic crowd — and everyone I spoke to felt it was truly engaging and worthwhile.

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May 2023

Anti-SLAPP Bill Advances in New Jersey

Bruce Rosen

This is the first time that an anti-SLAPP measure has been considered by committees in both houses of the NJ Legislature.

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May 2023

California Court Vacates Congresswoman’s Anti-SLAPP Win Against Political Foe

Matthew Cate

A California court revived a defamation claim against U.S. Rep. Maxine Waters in May, holding that her 2020 GOP opponent provided sufficient evidence that she acted with actual malice in making allegedly false statements about his military record.

Apr 2023

Internet Archive Slammed in Decision Rejecting Mass Distribution of Unlicensed Ebooks Under ‘Controlled Digital Lending’ Theory

Jack Browning, Linda Steinman and Liz McNamara

Judge Koeltl delivered a decision definitively characterizing Internet Archive’s actions as brazen copyright infringement.

Apr 2023

Summary Judgment Awarded to Obstacle Course Racing Blogger

Madeleine Blair, Isabel White and Lindsey Floyd

In a 74-page decision, the court dismissed all defamation and defamation per se claims against Davis for insufficient evidence of actual malice.

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Apr 2023

D.C. Court of Appeal Affirms Anti-SLAPP Fee Award in “Steele Dossier” Case

Chuck Tobin

The court’s decision significantly strengthens arguments for defendants to recover fees under the District’s anti-SLAPP law, including the fees they expend in litigating entitlement to fees.

Apr 2023

Arizona Supreme Court Finds Radio Host’s Statements Protected as Opinion, Political Speech

Michael J. Lambert

The Arizona Supreme Court has issued a ringing endorsement for the safeguards provided to opinions and political speech in a defamation case involving a local radio talk show host.

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Apr 2023

South Dakota Supreme Court Unseals Billionaire’s Search Warrant Materials, Again!

Jeremy Kutner

A year and a half after the South Dakota Supreme Court unsealed search warrant materials related to billionaire T. Denny Sanford, who was under investigation for possession of child pornography, the court finished the job, unsealing the underlying affidavits that finally told the public what the investigation was all about.

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Apr 2023

Long-Run Effects of Dominion v. Fox

George Freeman

The judge’s decision to dismiss any argument based on the neutral reportage privilege was a lost opportunity. It could have corrected one of the few areas where good journalism and the law diverge.

Apr 2023

Stop the Steal Organizer’s Narrowed Defamation Claim Proceeds to Discovery

Matthew Cate

Ruling on a motion to dismiss, Judge Pitman held that an article’s characterizations of plaintiff as a “Jan. 6 Capitol riot organizer” and a person who “helped coordinate the Jan. 6 Capitol insurrection” were capable of being proven true or false, and therefore actionable in defamation, and that Bostic adequately pleaded the defendants published them…

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Apr 2023

Significant FOIA Win to Gain Access to MLAT Records on Mexico’s Former Secretary of Defense

Victoria Baranetsky, Dara Gray, and Anise McKinney

Beyond denying the use of a categorical exemption, this case is a unique win because it marks the first time a court has ordered a search of documents when a Mutual Legal Assistance Treaty is at issue.

Mar 2023

Satanic Temple Lawsuit Against Newsweek Magazine Largely Dismissed

Cameron Stracher and Sara Tesoriero

The Southern District of New York held that twenty-one of the twenty-two statements were not defamatory as a matter of law.

Mar 2023

New York First Department Affirms Dismissal of “Brooklyn Land Shark” Case

Matthew Leish

A defendant who prevails on an anti-SLAPP motion to dismiss may recover its attorneys’ fees without the need to file a counterclaim or a separate lawsuit.

Mar 2023

Ten Questions to a Media Lawyer: Sigmund Schutz

Maine lawyer on breaking into the business, high profile cases, places to eat in Portland, and more.