All Articles
Everything MLRC has published, in any publication, since 2017.
Another Unconstitutional Defamation Bill Proposed in Florida
Jim LakeProposed 2024 legislation would penalize use of anonymous sources and codify the ability of defamation plaintiffs to sue anywhere in the state for speech posted online.
Federal Court Dismisses Copyright Lawsuit Against Friends, Sex and the City, Other Shows
Elizabeth A. McNamara and Meenakshi KrishnanThe Court found that no lay observer could find any substantial similarities between the protectible material of Lee’s work and the four shows.
Why MLRC Filed an Amicus Brief at the Supreme Court
Jeff HermesThe NetChoice cases could be as fundamental to the future of online discourse as Times v. Sullivan has been to journalism.
“Unsubstantiated” Complaints About Police Are Not Categorically Exempt from FOIL Disclosure
Alia SmithNew York’s Second Department held that police disciplinary records, formerly shielded from public disclosure under the now-repealed Civil Rights Law Section 50-a, are not categorically exempt from disclosure under the Freedom of Information Law’s privacy exemption.
Defamation Action Against The National Enquirer Dismissed on Summary Judgment
Robert S. GutierrezAfter more than three years of litigation with three successive law firms, talent manager Michael Sanchez’s defamation action against the National Enquirer was dismissed on summary judgment in August by Judge Dolly Gee. Yet it was not until October that the storied lawsuit was officially over.
Florida Court Throws Out Heart Surgeon’s Defamation Suit Against CNN
Matt Kristoffersen“It is disingenuous and anomalous on the part of Dr. Black and St. Mary’s to say on the one hand that CNN should be held liable for failing to report risk adjusted data, and on the other hand to deny CNN access to that very same data,” Senior Judge Richard Oftedal wrote in the decision.
Nevada’s Shield Law Protects Murdered Journalist’s Phone and Computer
Madeleine Coles and Benjamin LipmanThe court also ruled, for the first time, that the reporter’s privilege survives the death of the reporter who gathered the information, finding that to hold otherwise would “be directly contrary to the statute’s purpose.”
Santa’s Gift List for Media Players Naughty & Nice
George FreemanMLRC Executive Director dons his santa cap to dispense helpful gifts to the major newsmakers of 2023.
Ten Questions to a Media Lawyer
Deanna K. ShullmanShullman Fugate partner on her beginnings in media law, memorable cases, taste in podcasts, and what people get wrong about Floridians.
Bakersfield Californian v. Superior Court of Kern County: After an Unsuccessful Criminal Subpoena Challenge, Depublication of the Court of Appeal’s Decision is Sought
Sarah E. Burns and Thomas R. BurkeThis article summarizes why the unique facts of this case render the opinion an inappropriate precedent that endangers journalists and publishers in future Shield Law situations.
Florida Supreme Court Rules Marsy’s Law Does Not Protect Victims’ Names
Daniela Abratt-Cohen and Mark R. CaramanicaThe Court’s ruling, which certainly could have taken a narrower path, was not only a victory for police transparency but also a wider victory in beating back overzealous application of Marsy’s Law protections.
Maine Newspapers, Broadcasters Challenge Law Requiring “Due Diligence” on Advertisers Before Running Political Ads
Sigmund D. Schutz and Alexandra HarrimanA new Maine law that bans political advertising by foreign government-influenced entities has a remarkable feature of special concern for news organizations: it enlists news outlets to enforce the ban.
Journalists’ Civil Rights Claims for Abuses During George Floyd and Daunte Wright Protests Can Go to Trial
Isabella Salomão Nascimento, Pari McGarraugh, and Kevin RiachAll told, the Court’s decision is an unqualified victory for Plaintiffs in this case, their fellow journalist colleagues, and the First Amendment writ large.
2023 DCS Annual Meeting
A report on the MLRC's annual DCS meeting, held November 9 at the offices of Patterson Belknap in New York City.
California Federal Court Grants Summary Judgment for Defendants in Ad Astra Copyright / Idea Theft Case
David Aronoff and Josh BornsteinPlaintiff alleged that Ad Astra infringed his copyright in and stole ideas from his unproduced spec screenplay entitled Cosmic Force. However, in granting summary judgment the Court ruled that these claims failed to raise genuine issues warranting a trial.
Federal Court Holds that Incidental Capture of Photos in Background of Documentary Film is Fair Use
Adam Rich and Samuel BayardThis decision will be helpful to documentary filmmakers who incidentally capture copyrighted works while documenting actions and events that are of legitimate public concern.
Iowa Journalist Can Proceed with Suit Against Officer Who Arrested Him, Eighth Circuit Decides
Matt Kristoffersen“Once Officer Holtan was aware Nieters was a member of the press and had no reason to believe Nieters had been within hearing distance of the orders to disperse,” the opinion states, “it certainly was not an ‘objectively reasonable’ mistake to believe probable cause existed for the arrest.”
Ten Questions to a Media Lawyer
Bob Corn-RevereFIRE - and former DWT - attorney on his introduction to the First Amendment, cancel culture, big law versus non-profits, and his karaoke pick.
Third Circuit Affirms Dismissal of Internet Defamation Claims as Time-Barred
Elizabeth Seidlin-BernsteinIn concluding that the claims were time-barred under Pennsylvania’s one-year statute of limitations for defamation, the Third Circuit provided welcome clarity on the application of the single-publication rule to statements made on the internet and by journalists during the reporting process.
Discovery Order Leads to 8,000 New Pages of Documents in FOIA Lawsuit
Eric WeslanderA FOIA lawsuit in the U.S. District Court for the Western District of Missouri recently led to the discovery of 8,000-plus pages of hospital survey materials that the requesters were previously told could not be found.
