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Free Speech and Artificial Intelligence

Messages generated by artificial intelligence present fascinating questions because they can seem like “speech from nowhere,” challenging our preconceptions not only of freedom of speech but of what communication is in the first place. However, focusing on the interests underlying the First Amendment reveals that not much changes from a free speech perspective, because it…

D.C. Judge Blocks Trump Executive Order Targeting WilmerHale

“The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting,” wrote Judge Leon. “The Founding Fathers knew this!”

Defamation Claim Over Hollywood Feud Article Is Time Barred

In a published opinion following oral argument, the 11th Circuit upheld a dismissal of a time-barred defamation suit filed by a movie producer against his rival and The Hollywood Reporter.

Split Decision: The Video Privacy Protection Act Circuit Clash

In 2024, the Second Circuit adopted a broad interpretation of the term “consumer” under the Video Privacy Protection Act, significantly expanding potential liability under the Act. The decision was the first appellate court ruling on the issue, but other federal appellate courts have since weighed in, creating a circuit split that places businesses in uncertain…

Murrow, McCarthy, Moran … and Clooney

The historical parallels are startling between Murrow/McCarthy and the present day:  the dangers and abuse of political power, corporate greed and lameness, and—the good news—journalistic courage.

Farther Down Transformative Use’s Serpentine Path: Second Circuit Holds That Website’s Use of Snake Photo Is Not Fair Use

In perhaps a novel formulation, Judge Leval wrote that the transformative-use test turns on whether the very copying of the original communicates a message different from the original, in contrast to an extrinsic declaration of a new message.

Federal Court Dismisses Justin Baldoni’s Libel Suit Against The New York Times

In an opinion issued June 9, which also dismissed Baldoni’s claims against his movie co-star Blake Lively, Judge Liman dismissed each of Baldoni’s claims against The Times — including defamation, false light invasion of privacy, promissory fraud, and breach of implied-in-fact contract — with prejudice.

AG Permits Journalist Subpoenas in Leak Investigations

The U.S. Attorney General has updated the policy governing when the news media can be subject to legal process for their sources. The updated regulations permit the Department of Justice (DOJ) to subpoena the media for leak investigations, and for other purposes, rescinding the previous policy.

Florida Judge Denies Motion to Stay Trump’s Defamation Lawsuit Against Pulitzer Prize Board Members

“Separation of powers protects the Executive from undue burdens imposed by other branches, not burdens which the Executive willingly accepts,” reads the May 29 opinion. “Whether the pursuit of this litigation is in his best interests, or consistent with the responsibilities of his office, is exclusively within Respondent’s purview.”

Florida’s Anti-SLAPP Law Turns 10 And Grows Into A Substantive Immunity

While Florida’s Anti-SLAPP law is one of the weakest in the United States, the Vericker decision moves it up a few notches.

Ten Questions to a Media Lawyer

Daily Beast lawyer on getting his start in media law, memorable cases, travel goals, favorite TV shows and more.

Court SLAPPs Defamation Case Against Freelance Investigative Reporter

The court held that the articles about alleged manipulation of public traded stocks fell clearly within the scope of the anti-SLAPP statute and that plaintiff failed to plead any facts sufficient to establish they were published with actual malice. Notably, the court held that allegations about prior litigation and disputes between Honig and Buhl did…

Montana Enacts UPEPA Anti-SLAPP Law

HB 292, sponsored by freshman Republican Representative Tom Millett of Libby, MT, is an exact derivative of the Uniform Law Commission Model Anti-SLAPP Act. 

Libel-Proof Plaintiff Defense Applied in Mugshot Defamation Case

Judge Fitzpatrick found that “considering Young’s criminal history, it is concluded that Young could not have suffered any additional harm because his reputation in the community was already so tarnished before the publication that no further harm could have occurred.”

Court Dismisses Defamation Action Against The Real Deal

This decision is yet another case to cite for the proposition that one does not need to bring a stand-alone motion for fees, as the Court awarded fees on the anti-SLAPP motion to dismiss.

“Central Park Five” Defamation Lawsuit Against Trump Largely Survives Motion to Dismiss

In an April 10 opinion, Judge Beetlestone disagreed with Trump that his statements were meant merely as opinion. Since his assertions could be objectively determined to be false — the then-teenagers didn’t plead guilty and didn’t kill anyone — his claims must be considered fact, she wrote.

The 2025 Entertainment & Media Law Conference

No Entrance to Legal Paradise: D.C. Court of Appeals Affirms Denial of Copyright Registration for AI-Generated Artwork

The Court’s ruling is consistent with longstanding law, reaffirming that works exclusively created by AI are ineligible for copyright protection. While this opinion ultimately leaves more nuanced “line-drawing” questions for another day, authors of AI-generated works are likely to continue to register their works with the Copyright Office and engage in legal fights to determine…

Court Quashes Document Subpoena to Freelance Journalist

Applying both Florida and New York law, the Southern District of New York recognized that a journalist’s notes, interviews, and other newsgathering materials are protected from discovery under the journalist’s privilege.

Denials of Anti-SLAPP Motions Now Appealable Under Florida Law

Following years of uncertainty, including an intermediate appellate court split and an apparent change of heart, the Florida Supreme Court has determined that denials of anti-SLAPP motions are appealable under interlocutory review.