Skip to main content

All Articles

Everything MLRC has published, in any publication, since 2017.

recently published
Mar 2023

Agent of “Notorious RBG” Photographer Lacks Statutory Copyright Standing

Amanda Barkin

The art world’s obsession with using RBG as its muse, lives on. As does legal controversy that surrounds that art and its reproduction.

Mar 2023

A Sunshine Double: Recapping MLRC Conferences in Los Angeles and Miami

George Freeman

MRLC's executive director on the Entertainment Law and Latin American Media Law Conferences, held in March.

TOPICS :
Mar 2023

Utah Becomes First State to Regulate Social Media Use by Minors

David C. Reymann

The two laws have drawn national attention in part because of the increasing focus on supposed harms social media platforms are causing minors, but also because they test, if not far exceed, the outer constitutional limits of regulating private speech.

Mar 2023

Third Time’s a Charm: Tennessee Federal Court Dismisses Complaint Against Comedian Kathy Griffin for Lack of Personal Jurisdiction

Michael J. Grygiel

This decision contributes to a body of developing case law in which courts have refused to indulge forum-shopping attempts by putative plaintiffs aggrieved by criticism on social media.

Mar 2023

Large Coalition of Media and Non-Media Groups Push Back on Proposed Changes to Texas’s Anti-SLAPP Statute

Reid Pillifant

Eliminating the automatic stay would loosen free-speech protections for all Texans, but the bill stands to have a particularly detrimental effect on media organizations that operate in the state.

Mar 2023

Texas Supreme Court Reaffirms Protection for Opinion

Samuel W. Calkins

The Court held unanimously that the statements were opinions in the context of the national abortion debate.

TOPICS : ,
Mar 2023

Filmmakers & Netflix Win Summary Judgment in “Making a Murderer” Defamation Lawsuit

Kevin Vick

The Court’s summary judgment ruling was a ringing affirmation of Sullivan and the importance of legal protections for free speech.

TOPICS : ,
Mar 2023

Utah Becomes Fourth State to Enact the Uniform Public Expression Protection Act

Jeffrey J. Hunt and David C. Reymann

The road to enactment of UPEPA in Utah had its share of twists and turns. In the end, it was some good timing and the involvement of a respected former state legislator that made the difference.

Mar 2023

The Court and the Press in the Murdaugh Murders Trial

Jay Bender

On balance, the press members who were in Walterboro deserve as high a grade as the individuals who worked very hard to fulfill the provision in the South Carolina Constitution that all courts are public.

Mar 2023

Courthouse News Service Continues Its Winning Streak

Jack Greiner and Darren W. Ford

Courthouse News secured another victory in its efforts to preserve prompt access to electronically filed complaints, obtaining a preliminary injunction against the Franklin County, Ohio Clerk of Courts barring her office from restricting public access to newly filed non-confidential complaints, and directing her to make such complaints available to the public and press.

Mar 2023

Tennessee Journalists Prevail in Reverse Public Records Dispute Regarding Naomi Judd’s Death

Robb S. Harvey and Quynh-Anh D. Kibler

The procedural battles were unique, to say the least. Ultimately, the media’s requests were fulfilled, and the Judd family voluntarily dismissed their lawsuit.

Mar 2023

Advertising Law Summary

The Summary covers areas for which the advertiser and/or publisher could be liable. It ranges from the content of the advertisements (discrimination to defamation) to the manner and placement of advertising

TOPICS :
Mar 2023

Celebrating Sullivan’s 59th Anniversary; MLRC White Paper’s First

George Freeman

Executive director takes a second look at MLRC's landmark White Paper "New York Times v. Sullivan: The Case for Preserving an Essential Precedent."

TOPICS : ,
Feb 2023

Colorado Court Affirms Dismissal of Anti-Abortion Activist’s Libel Suit

Steve Zansberg

The Court of Appeals affirmed the trial court’s granting of defendant’s anti-SLAPP motion terminating the libel case brought by anti-abortion activist David Daleiden and the Center for Medical Progress against Dr. Savita Ginde, the former medical director of Planned Parenthood of the Rocky Mountain Region.

Feb 2023

California Court of Appeal Affirms Tarantino Movie Does Not Violate Actor’s Right of Publicity

Elizabeth L. Schilken

Affirming a bright line exemption for expressive works from California’s post-mortem right of publicity statute, the Court of Appeal upheld the dismissal of right of publicity claims against the Quentin Tarantino movie Once Upon a Time … in Hollywood.

Feb 2023

Ten Questions to a Media Lawyer: Dan Novack

Dan Novack

Penguin Randomhouse lawyer on resigning from his high school paper, penning a blistering reply to a legal threat issued by Michael Avenatti, advice for those looking to break into media law and more.

Feb 2023

A Muslim Musician Is on Death Row for Singing on What’s App

Richard Winfield

The Nigerian musician, Yahaya Sharif-Aminu, was expressing his religious beliefs in his lyrics which praised a Nigerian imam whom he sang was superior to the Prophet Mohammad.

TOPICS :
Feb 2023

Do AI Generators Infringe? Three New Lawsuits Consider This Mega Question

Jeremy Goldman

Do content creators have the right to authorize or block AI systems from collecting and using their content as training data?

Feb 2023

DC Court of Appeals Dismisses Police Union’s Fundamental Right to Privacy Claim Over Body Cam Footage

Sara Benson and Cindy Gierhart

The Court found that the growing consensus regarding a First Amendment right to record police activity in public was incompatible with the alleged fundamental information privacy right asserted by FOP.

Feb 2023

Florida Court Quashes Subpoena to Orlando Sentinel in Campaign Finance Trial

Minch Minchin

A central Florida court denied a criminal defendant’s motion to subpoena four Orlando Sentinel Reporters under Florida’s journalists’ privilege.