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American Survivors of Israel’s Deadly 1967 Attack on the U.S.S. Liberty Still Seek Answers

Kinnucan’s lawsuit forced the disclosure of hundreds of documents previously withheld by the government for decades. But NSA has repeatedly stalled and even unilaterally decided to “reprocess” her request after briefing on the case had commenced in the Ninth Circuit. The reason for the delay seems clear; time is running out.

First Amendment Lawsuit Forces Jail Policy Changes, Prompts National Call to Action

A journalist’s First Amendment lawsuit against a county in western Pennsylvania has resulted in a settlement agreement requiring local officials to revise policies that prevent jail employees from speaking publicly without the warden’s permission.

Capitol “Rioter” Suit Against CNN Dismissed

“At bottom, the Court agrees with CNN that Plaintiff Jacob Hiles ‘essentially is trying to blame CNN for taking his own words at face value,’” Judge Allen wrote in her decision granting summary judgment. “Under the circumstances of this case, CNN was entitled to do so, and its reporting is protected by the fair report…

Fox News Dismissed from Lawsuit in Less Than 90 Days with Public Apology

Garcia’s counsel publicly pilloried Fox—the first named defendant in the case—for its supposedly shoddy journalism. There was just one problem: Fox News Network had been careful not to publish Garcia’s image before it could be verified. As a result, Fox never published Garcia’s image.

NY Appellate Court Affirms Dismissal of Claims and Award of Attorney’s Fees in Favor of Media

First Anti-SLAPP Win under NJ’s New UPEPA Law

Nine months after New Jersey enacted its first anti-SLAPP law, essentially adopting the Uniform Public Expression Protection Act, a New Jersey trial court was the first to dismiss a SLAPP action.

Media Rallies to Support Citizen Journalist in SCOTUS Qualified Immunity Case

More than thirty journalists and media organizations filed amicus briefs in support of Priscilla Villarreal, a citizen journalist who was arrested for requesting and reporting truthful information from a police officer.

Vidal v. Elster, or, What Happens When the Supreme Court Lacks a Fundamental Theory of the First Amendment

The Court’s struggle to find a deciding principle stems directly from the siloing of First Amendment law into discrete doctrines – public forums, government benefits, and so on. The fact that this case did not neatly fit into these categories is what led Justice Thomas to abandon logic for history, Justice Kavanaugh to give up…

MLRC and the Historic Commonwealth: Conferences in Sydney and Dublin

In January MLRC held a full-day Conference in Sydney, drawing some 125 Australian lawyers. Then last month, in Dublin, we presented the eighth in a series of European Conferences.

NetChoice v. Moody: A Strong Statement of First Amendment Rights, But the Devil is in the Details

On the surface, this ruling appears to ensure that the First Amendment protects the editorial discretion of platforms just as it has protected the editorial discretion of newspapers. But with a caveat in a concurrence from Justice Barrett and comments from the other four justices challenging the Court’s decision to apply the law based on…

Texas Court of Appeals Dismisses Claims by Politically Connected Entrepreneur on Statute of Limitations Grounds

A Texas court of appeals rejected a telehealth company’s attempt to evade the state’s one-year statute of limitations on defamation claims by relabeling its claims as business disparagement and other torts.

Federal Court Holds That Copyright Act Preempts X’s Web Scraping Claims

In a blockbuster ruling that is bound to have far-reaching implications, including in the swarm of copyright infringement cases brought against AI platforms, a California federal court recently dismissed a complaint that X Corp. brought against web scraping company Bright Data.

Supreme Court Provides for Broader Availability of Damages in Copyright Suits

The Supreme Court issued a 6-3 decision in Warner Chappell Music, Inc. v. Nealy, No. 22-1078, holding that damages are available under the Copyright Act for acts of infringement that predate the initiation of suit by more than three years.

Court Holds Information, Like Unicorns, Should Be Free: Unicorn Riot and the Minnesota Shield Law

The Minnesota Court of Appeals issued a precedential opinion strengthening the protections of Minnesota’s shield law. The decision is a welcome reinforcement to the media’s protections against third-party subpoenas.

A Cautionary Tale for Defamation Plaintiffs: Going Back to the Lion’s Den to Retrieve Your Hat

The outcome is hugely significant because it's the first time a court has made a finding about what happened at Parliament House on that night over 5 years ago – and provides long overdue vindication for Brittany Higgins. 

Campus Protests, Hate Speech & the First Amendment — A Timely Zoom Call Revisited

The call featured four experts making thoughtful and nuanced points, which I thought was worth summarizing here. At the same time, I offer a few thoughts of my own, not necessarily my conclusions, but simply ideas to mull over. 

Ten Questions to a Media Lawyer

DWT partner on her start in the business, memorable cases, firm life post-pandemic, and things to do in New York City.

AI and Child Safety Lead Discussion at 2024 MLRC Digital Conference

Much of the content of this year’s conference encompassed two red hot topics: the uncertainty and quickly evolving issues surrounding generative AI, and the wave of legislation and litigation in the name of child safety.

New Jersey Supreme Court Upholds Limits on NDAs

The New Jersey Supreme Court clarified the scope of a recently enacted ban on non-disclosure agreements in connection with discrimination, harassment, and retaliation claims.

Court Dismisses False Light Claim Against New York Magazine Over “The Case of the Fake Sherlock”

In a decision reaffirming the Third Circuit’s actual malice pleading requirement, a Pennsylvania judge granted Vox’s motion to dismiss a renowned armchair detective’s false light invasion of privacy claim.