All Articles
Everything MLRC has published, in any publication, since 2017.
Newsweek Wins Dismissal on Substantial Truth
Cameron Stracher and Sara TesorieroJudge Buchwald held that technical inaccuracies in Newsweek’s reporting about a guilty plea entered by Plaintiff Olivet University did not give rise to a defamation claim where the gist of the allegedly defamatory statement was substantially true.
Houston Appeals Court (Finally) Dismisses Defamation Claims Against ProPublica and Houston Chronicle
Reid PillifantIn its decision, the First District Court of Appeals in Houston found that Defendants’ reporting on the plaintiff’s career as a heart surgeon and the concerns that had been raised about some of his practices and procedures, as well as his failure to follow protocols in clinical trials, was substantially true.
NRA v. Vullo: The Supreme Court on Government Coercion and the First Amendment
Jeff HermesThe Supreme Court’s decision in Vullo does not upend the law, instead reaffirming Bantam Books and cautioning lower courts to take a holistic approach to the facts rather than considering discrete factors or actions in isolation.
Ten Questions to a Media Lawyer
Drew ShenkmanCNN lawyer on his start in the business, hiring outside counsel, Atlanta must-sees and more.
Top Gun Lawsuit Shot Down
Matt KristoffersenThe 1983 magazine article “Top Guns” and Paramount Pictures’ recent blockbuster movie Top Gun: Maverick are not substantially similar under copyright law, a California federal judge ruled this month.
To Seal or Not to Seal—That is the Question
Mackenzie ArnoldThe Fifth Circuit vacated and remanded an order from a district court that unsealed a now-settled case allegedly involving revenge porn because the district court applied the incorrect standard for sealing judicial documents.
Ohio Supreme Court Brings Curtain Down On Covid Data
John C. Greiner & Darren W. FordIn a decision that could have far-reaching implications for Ohioans' right to know, the Court held that the Ohio Department of Health must withhold official cause of death information contained in ODH's Electronic Death Registration System from the public.
With the ELVIS Act, Tennessee Shows its Burning Love for Recording Artists
David Zeitlin and Robb HarveyTennessee, home to both Music City® (Nashville) and the Blues (Memphis), has taken a swing at regulating generative AI’s potential harm to musicians and recording artists.
Louis Farrakhan’s $4.8 Billion Defamation Lawsuit Against Jewish Groups Dismissed
Nathan Siegel and Adam RichThe court held that Farrakhan failed to plead a defamation claim because the challenged statements were protected opinion, and that he also failed to plead falsity or actual malice.
Maine Becomes Seventh State to Enact Uniform Public Expression Protection Act (UPEPA)
Sigmund D. Schutz and Alexandra A. HarrimanUPEPA aims to provide a clear framework for the efficient review and dismissal of SLAPPs.
Montana Supreme Court Applies N.Y. Fair Report Privilege to Dismiss Libel Claim by Montana Plaintiff
Adam I. Rich and Laura R. HandmanThe Montana Supreme’s Court’s decision is the first by any high court to find that a publisher’s home state has the most significant interest in applying its fair report privilege.
No Cameras in the Courtroom for Trump Trial Is A Travesty
George FreemanWhy we should be hitting these walls despite a history of thousands of trials being televised without a problem really is inexplicable.
Regina Thomas Elected New MLRC Board Chair
George FreemanAt a recent MLRC Board meeting, Regina Thomas was unanimously elected as the Board’s new Chair.
Ten Questions to a Media Lawyer
Michael CameronNews Corp. Australia lawyer on his start in media law, big cases, differences between legal cultures in New York and Sydney, Australia must-sees and more.
Authors’ Vicarious Infringement Claims Against ChatGPT Dismissed
Matt KristoffersenThe U.S. District Court for the Northern District of California recently dismissed most of a collection of claims brought by a group of authors against OpenAI, alleging that the artificial intelligence company infringes their copyright when it uses their works to train its large language model ChatGPT.
Texas Federal District Court Grants Access to Previously Sealed Judicial Records in True the Vote Litigation
Zachary BelewIn granting the motion to unseal, the court held that the “public access presumption” outweighed any confidentiality interest True the Vote asserted because True the Vote did not “articulate any specific harm created by the disclosure.”
Connecticut Supreme Court Reaffirms Public Right to Access Cold Case Records
Stephanie RiceThe Supreme Court of Connecticut issued a ruling of first impression defining the scope of an exception to the state FOIA law allowing police to withhold investigative information “to be used in a prospective law enforcement action” if disclosure would be “prejudicial to such action.”
D.C. Circuit Reinforces FOIA’s Foreseeable Harm Requirement
Stephen Stich MatchThe statute now generally requires agencies to show both that an exemption applies and that disclosure would cause recognized harm. But despite being on the books for eight years, the D.C. Circuit’s ruling is only one of a handful to grapple with the requirement.
Eleventh Circuit Declares Florida’s “Stop W.O.K.E. Act” a Constitutional Sin
Daniela Abratt-CohenIn Honeyfund.com, Inc. v. Governor of Fla., the Court found unconstitutional a Florida law that prohibits mandatory workplace meetings and trainings that endorse a viewpoint the government finds offensive.
Texas Appellate Court Rejects LLC Plaintiff’s Bid for Statewide Venue in Defamation Case
Marc FullerA Texas court of appeals recently clarified the state’s venue statute governing libel and slander claims, rejecting an interpretation that would have given limited liability companies, partnerships, and other business entities the ability to file suit almost anywhere in the state.
