All Articles
Everything MLRC has published, in any publication, since 2017.
Colorado Supreme Court Decides Which Speech is Protected by State’s Anti-SLAPP Act
Michael Beylkin and Steve ZansbergIn its first opinion interpreting the state’s anti-SLAPP statute, the Colorado Supreme Court provided an expansive reading of which types of speech (or expressive conduct) are entitled to the statute’s protection.
Trump Media & Technology Group Case Against Media Outlets Dismissed
Minch Minchin and Rachel FugateA Florida trial court has granted multiple media defendants’ motions to dismiss a defamation lawsuit filed by Trump Media & Technology Group regarding articles about TMTG’s receipt of loans from sources with Russian ties.
Ninth Circuit Eliminates Interlocutory Review from the Denial of Anti-SLAPP Motions, But Preserves Anti-SLAPP Fees Provisions in Federal Court
Kevin L. Vick and Jean-Paul JassyLately, California’s Anti-SLAPP law has felt like a prisoner on Death Row when it comes to whether it would continue to apply in federal court.
Santa’s 2025 Gift List for Media Players Naughty and Nice
George FreemanMLRC executive director dons his Santa cap and distributes gifts to the year's biggest newsmakers.
L*t’s G* Br*nd*n: The First Amendment Semiotics of Political Euphemism
Zoe Takala“Let’s Go, Brandon’s” journey from broadcast gaffe to political totem lays bare a dilemma in treating student speech: when minors in public schools use language tinged with — or descended from — vulgarity to make a political point, where does free speech end and school authority begin?
Federal Court Permanently Blocks Unprecedented Texas Book Rating Law
Michael J. LambertIn a case of first impression, the court granted summary judgment this fall in favor of a coalition of booksellers, publishers, and authors challenging Texas’s book rating law, HB 900 (the READER Act), and entered a permanent injunction enjoining key provisions of the statute.
Ten Questions to a Media Lawyer
Karyn HartyDublin lawyer on her start in media law, representing Mirror Group Newspapers against businessman Denis O'Brien, contemporary Irish fiction, and authoring a poem that inspired Senator George Mitchell, President Bill Clinton and PM Tony Blair to press on in the Northern Ireland peace talks.
Disney’s Selection of Bands for Concerts Is Within Scope of California’s Anti-SLAPP Law
Jordyn Ostroff and Jean-Paul JassyThe decision represents an important application of the test set forth by the California Supreme Court for application of the California anti-SLAPP statute’s “catchall provision.”
Sweet Sixteen and Never Been Online: Australia’s Age-Gating of Digital Speech
Zoe TakalaThere’s a dark irony to Australia’s paternalism here. We’re a nation willing to jail ten-year-olds, yet hesitant to trust them with an Instagram account.
Will Carter be Rucked?
David HooperCarter-Ruck appears to be challenging the scope of the SRA’s investigatory powers – objecting to turning over their files to the SRA, where they contain legally privileged information. Given that these are uncertain times for the First Amendment, there may be lessons to be learnt in the USA as to whether there should be a…
Texas Court Dismisses Defamation Claim by Activist Who Campaigned for Removal of Books at State Historical Sites
Abby Lahvis and Maggie BurresonA Texas court of appeals dismissed a defamation claim by a prominent “anti-woke” activist who had complained to officials about antiracism books offered for sale at two state historical sites that once had been slave plantations.
RFK Jr. Loses Defamation Lawsuit Against Maine-Based Daily Kos Blogger
It’s hard to win a defamation lawsuit when you sue someone over things they didn’t say, or statements that are obviously expressions of opinion, or when you mischaracterize what they actually said.
Sally Jenkins and Bob Costas Hit Home Runs
George FreemanThe conversation between Hall of Fame sports journalists Sally Jenkins and Bob Costas was riveting to both sports fans and non-sports enthusiasts alike. But as many Broadway productions – and Gotham Hall is on Broadway – there was a lot of drama behind the scenes.
USTA’s Bad Call on Free Speech at the US Open
George FreemanThe USTA’s censorship of the crowd's reaction to Trump is cowardly, hypocritical and un-American.
Ten Questions to a Media Lawyer
Nancy WolffCowan DeBaets partner on her father's role in her decision to pursue law, AI and copyright, the Arnie Svenson case involving snapshots of NYC apartment dwellers, and the time she assisted a writer on The Good Wife.
Texas Supreme Court Narrows Available Relief Under the Public Information Act
David HelsleyThe ruling significantly narrows the enforcement mechanism of the TPIA and raises new questions about access to public records held by Texas’s most powerful elected officials.
Ninth Circuit Affirms Order Compelling Release of Contractor Diversity Reports
Brooke HendersonLooking forward, as more government work continues to be outsourced to federal contractors, this ruling provides media attorneys with another path when litigating Exemption 4 cases: commerciality is the new battleground. The Ninth Circuit proved that records must be more than simply “related to” a business to pass the threshold test of Exemption 4.
Seventh Circuit Holds Indiana “Police Buffer” Law is Unconstitutionally Vague
Grayson ClaryThe decision highlights that the Due Process Clause––complementing the First Amendment––provides journalists with important tools for challenging law enforcement discretion that threatens to chill newsgathering.
S.D.N.Y. Denies DOJ Request to Unseal Ghislaine Maxwell Grand Jury Transcripts
Matt KristoffersenThe government argued that the Maxwell grand jury materials would reveal new insights about the extent to which Epstein and Maxwell worked together to abuse children — or, at least, that the grand jury transcripts would shed new light on how the government investigated the two. But Judge Engelmayer said these reasons were “demonstrably false.”
Second Circuit Rules That Undecided Motions Are Judicial Documents Entitled to Presumption of Public Access
Sara Benson, Christine Walz, & Cindy GierhartThe Second Circuit found that the district court erred as a matter of law in holding that undecided motions rendered moot by the parties’ settlement of the case were categorically not “judicial documents” subject to a presumption of public access.
