All Articles
Everything MLRC has published, in any publication, since 2017.
Court Quashes Journalist Subpoena Under New York Shield Law
Michael Martin LinhorstThe Third Department Appellate Division quashed a subpoena seeking the identity of a journalist’s unnamed but non-confidential source, reaffirming the high bar New York’s Shield Law sets for obtaining any unpublished information from a journalist.
Tennessee Court Expands Access to Executions for Media Witnesses Based on the First Amendment and State Law
Claudia Liss-Schultz and Allyson VeileA Tennessee trial court joined the Ninth Circuit and the Middle District of Pennsylvania in holding that there is a First Amendment right of access to executions.
The Assault on Freedom for the Thought — and Speech — We Hate: Stifling, Restraining and Punishing Criticism and Protests
George FreemanOvercoming Trump's authoritarian maneuverings to shut up all dissenting views and shut down all opponents will be a prolonged fight. It will only be won if those being stifled and restrained, including media companies and law firms, take collective action and work together in a courageous and cohesive way to resist those who would minimize…
January 6, 2021: Saving the Truth from the Whitewash
Lauren Russell, Chuck Tobin, and Max MishkinBefore, the work for the coalition was about providing contemporaneous access to the evidence. Now, the mission pivoted to preserving history, making sure the truth about January 6 is never capsized in the waves of propaganda.
Hot for Teaching: Rock & Roll Hall of Fame Prevails on Transformative Educational Fair Use Defense
Darren W. FordWith two of the four factors weighing in favor of the museum, and only one weighing "slightly" in favor of Zlozower, the district court held that the museum's use of the Van Halen photographs was fair use and dismissed the complaint.
MLRC 2025 Annual Meeting
The Media Law Resource Center’s Annual Meeting was held on Nov. 5, 2025, at Gotham Hall in New York City.
Ten Questions to a Media Lawyer
Bruce RosenGarden state lawyer on his start in the business, major cases, Springsteen, Hoffa, the best slice in New Jersey, and more.
Defense Counsel Section Reviews Year’s Accomplishments and Plans for 2026
A report from the November annual meeting of the full Defense Counsel Section held in New York City.
Update on Australian Privacy Law – New Tort of Serious Invasion of Privacy
Patrick Considine and Peter BartlettWhile we await more extended and substantive judicial consideration of this novel cause of action, the initial two cases provide guidance as to how the tort may be interpreted in future, as well as key pressure points which are likely to influence litigation in this space.
Eleventh Circuit Holds Florida’s Social Media Age-Gating Law Likely Survives First Amendment Scrutiny
Jeff HermesHB3 imposes restrictions and obligations on social media services that exceed a threshold number of younger users, use algorithmic content recommendation based on user information, and implement one or more defined “addictive features.” The Court of Appeals held in a 2-1 decision that HB3 was likely to survive intermediate scrutiny, warranting a stay.
Ohio Supreme Court Rules That On-Duty Police Can Be Crime Victims Under ‘Marcy’s Law’
Jack GreinerThe majority opinion rejected The Dispatch's arguments that voters who approved the Constitutional amendment would not have understood the amendment to cover police officers acting in the line of duty.
Confessions of an Architectural Tortfeasor: The Buying Beverly Hills Lawsuit
Zoe TakalaAt the center of Dinho is a freedom-of-expression problem with two deceptively simple questions: Can a third party be held responsible for someone else's intrusive acts? And does any form of privacy right extend to the places we live?
Colorado Supreme Court Decides Which Speech is Protected by State’s Anti-SLAPP Act
Michael Beylkin and Steve ZansbergIn its first opinion interpreting the state’s anti-SLAPP statute, the Colorado Supreme Court provided an expansive reading of which types of speech (or expressive conduct) are entitled to the statute’s protection.
Trump Media & Technology Group Case Against Media Outlets Dismissed
Minch Minchin and Rachel FugateA Florida trial court has granted multiple media defendants’ motions to dismiss a defamation lawsuit filed by Trump Media & Technology Group regarding articles about TMTG’s receipt of loans from sources with Russian ties.
Ninth Circuit Eliminates Interlocutory Review from the Denial of Anti-SLAPP Motions, But Preserves Anti-SLAPP Fees Provisions in Federal Court
Kevin L. Vick and Jean-Paul JassyLately, California’s Anti-SLAPP law has felt like a prisoner on Death Row when it comes to whether it would continue to apply in federal court.
Santa’s 2025 Gift List for Media Players Naughty and Nice
George FreemanMLRC executive director dons his Santa cap and distributes gifts to the year's biggest newsmakers.
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.
Ten Questions to a Media Lawyer
Karyn HartyDublin lawyer on her start in media law, representing Mirror Group Newspapers against businessman Denis O'Brien, contemporary Irish fiction, and authoring a poem that inspired Senator George Mitchell, President Bill Clinton and PM Tony Blair to press on in the Northern Ireland peace talks.
Disney’s Selection of Bands for Concerts Is Within Scope of California’s Anti-SLAPP Law
Jordyn Ostroff and Jean-Paul JassyThe decision represents an important application of the test set forth by the California Supreme Court for application of the California anti-SLAPP statute’s “catchall provision.”
