All Articles
Everything MLRC has published, in any publication, since 2017.
“Metabirkins” NFT Trial Tests Multiple Legal Theories
Toby Butterfield and Stephanie SmithHermes 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.
The Supreme Court’s Next Target: Social Media
Clay CalvertIn 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…
Ohio Court of Appeals Affirms Dismissal of Police Chief’s Defamation Claims Linked to True Crime Podcast
Kevin T. ShookThe 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.
Court Dismissed Defamation Case Arising from Environmental Advocacy Group’s Campaign to Protect Canadian Forests
Chelsea Kelly and Laura HandmanAfter seven years of litigation, court ruled that defendants had not acted with actual malice and dismissed the case in full.
Court Dismisses Trump’s Tortious Interference Claim Against The New York Times
Samantha C. HamiltonJudge Reed’s decision is especially important for reporters who have sources with NDAs.
Florida Appellate Court Orders Public Release of State Grand Jury Materials from Failed Jeffrey Epstein Prosecution
Nina D. Boyajian and Layal L. BisharaThe 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.”
Thrilled to Bits: MLRC Digital Conference A Resounding Success
George FreemanWe had about 150 attendees — about a pre-pandemic crowd — and everyone I spoke to felt it was truly engaging and worthwhile.
Anti-SLAPP Bill Advances in New Jersey
Bruce RosenThis is the first time that an anti-SLAPP measure has been considered by committees in both houses of the NJ Legislature.
California Court Vacates Congresswoman’s Anti-SLAPP Win Against Political Foe
Matthew CateA 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.
Internet Archive Slammed in Decision Rejecting Mass Distribution of Unlicensed Ebooks Under ‘Controlled Digital Lending’ Theory
Jack Browning, Linda Steinman and Liz McNamaraJudge Koeltl delivered a decision definitively characterizing Internet Archive’s actions as brazen copyright infringement.
Summary Judgment Awarded to Obstacle Course Racing Blogger
Madeleine Blair, Isabel White and Lindsey FloydIn a 74-page decision, the court dismissed all defamation and defamation per se claims against Davis for insufficient evidence of actual malice.
D.C. Court of Appeal Affirms Anti-SLAPP Fee Award in “Steele Dossier” Case
Chuck TobinThe 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.
Arizona Supreme Court Finds Radio Host’s Statements Protected as Opinion, Political Speech
Michael J. LambertThe 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.
South Dakota Supreme Court Unseals Billionaire’s Search Warrant Materials, Again!
Jeremy KutnerA 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.
Long-Run Effects of Dominion v. Fox
George FreemanThe 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.
Stop the Steal Organizer’s Narrowed Defamation Claim Proceeds to Discovery
Matthew CateRuling 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…
Significant FOIA Win to Gain Access to MLAT Records on Mexico’s Former Secretary of Defense
Victoria Baranetsky, Dara Gray, and Anise McKinneyBeyond 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.
Satanic Temple Lawsuit Against Newsweek Magazine Largely Dismissed
Cameron Stracher and Sara TesorieroThe Southern District of New York held that twenty-one of the twenty-two statements were not defamatory as a matter of law.
New York First Department Affirms Dismissal of “Brooklyn Land Shark” Case
Matthew LeishA 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.
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.
