Everything MLRC has published, in any publication, since 2017.
Court SLAPPs Conspiracy Theorist’s $250 Million Suit v. Chicago Sun TimesDamon E. Dunn and Seth A. Stern
The suit demanded $250,000,000 in compensatory and punitive damages, which Judge O’Malley found signified retaliatory intent necessary to establish a SLAPP.
Delaware Court Grants Dismissal in ShotSpotter v. VICE MediaJeremy Chase and Nimra Azmi
After finding that ShotSpotter had failed to state a claim on fair report, opinion, and truth grounds, the Court nevertheless proceeded to hold that ShotSpotter’s 413-page Complaint failed to adequately allege actual malice.
Texas Appeals Court SLAPPs Lawsuit Against Community NewspaperSamuel Calkins
The term “right wing propaganda” in the context of the article was a constitutionally protected opinion and a statutorily privileged fair comment on a matter of public concern.
MLRC London Conference 2022Dave Heller
Keep calm and carry on, Britain’s famous war time slogan, was the playbook for MLRC’s recently concluded London Conference.
Rabbi’s Use of a Reputation Management Consultant Renders Him a Limited Public FigureChelsea Kelly
A Maryland trial court held that a rabbi became a limited public figure by hiring a reputation management consultant to digitally suppress negative content about him online and promote unrelated positive content.
Ten Questions to a Media LawyerAdam Cannon
Legal director of The Sun on his work, leisure and karaoke picks.
Judge Finds Virginia Obscenity Statute Unconstitutional and Dismisses Attempt to Have Two Books Declared ObsceneNicole Bergstrom and Molly G. Rothschild
A judge found Virginia’s obscenity law unconstitutional and dismissed Petitions seeking to have two books, A Court of Mist and Fury by Sarah J. Maasand Gender Queer by Maia Kobabe, found obscene.
Seventh Circuit Affirms Summary Judgment for GannettBrian Spahn
The court held that the allegedly defamatory statements at issue failed to state a defamation claim as the statements were both substantially true and protected under Wisconsin’s true and fair reporting of a judicial proceeding privilege.
Judge Dismisses Social Media Agent’s Defamation Lawsuit Against The TimesKaren Chesley
A federal judge dismissed a libel claim against The New York Times and its former reporter brought by an agent for social media influencers, finding that most of the allegedly defamatory statements were non-actionable and that the agent failed to sufficiently allege actual malice.
Texas Court Grants CNN’s Motion To Dismiss Doctor’s $100 Million Defamation SuitBob Latham and Kate Bolger
“CNN accurately reported what [Dr. Immanuel] had said and the positions that government agencies and others had taken on medication for COVID,” reads the opinion.
Blocked or Not Blocked – That Was the QuestionMeenakshi Krishnan and Nathan Siegel
Judge William Bertelsman awarded summary judgment to several media defendants (The New York Times, CBS, ABC, Gannett, and Rolling Stone) in a series of long-running defamation cases brought by Nicholas Sandmann.
Is Content Moderation a (Perhaps Un-)Necessary Evil, or a First Amendment Good?Jeff Hermes
A consideration of the role that editorial discretion and content moderation play in the marketplace of ideas.
Ken Starr: A Genial Man with a Mixed LegacyGeorge Freeman
I dealt with Ken on a few occasions, and found him to be a man of many contradictions. Thus, while I am sorry for his passing and feel for his family and friends, I am decidedly undecided about his legacy.
Data Security & Privacy 101
Resources exploring data security (what businesses are obligated to do in the event of a data breach, the financial implications, and best practices for responding), and data privacy ( how our patchwork of laws impacts businesses).
Ten Questions to a Media Lawyer: Charles “Chip” Babcock
Renowned Jackson Walker litigator on his childhood newspaper, litigating on behalf of a parking garage and Oprah Winfrey, work-life balance, karaoke picks, and more.
New York Times Prevails in Two Related Defamation LawsuitsDave Heller
The state court found that terms such as "racist" and "white nationalist" are non-actionable opinion and that, even if actionable, plaintiff had failed to show any evidence of actual malice.
In Siding with Praying Coach, SCOTUS Bolsters Religious Freedom of SpeechCamille Richieri
In the recent Kennedy v. Bremerton School District decision, the Supreme Court held that a public high school football coach had a constitutional right to pray at the 50-yard line after games.
Court Dismisses Trademark & Related Claims Over Product Reference in Fictional TV ShowKelli L. Sager, Dan Laidman, and Sarah Burns
Reinforcing the strong First Amendment protections for the use of real-life products and brands in expressive works, a Los Angeles federal court rejected a trademark and trade libel suit over an episode of “Evil.”
Court Dismisses Defamation Lawsuit Over Holocaust ComplicityDamon Dunn and Seth Stern
A judge dismissed defamation and false light invasion of privacy claims filed by three ethnic Poles who alleged that a Chicago Sun-Times opinion columnist ascribed “felonies under the laws of Illinois and Poland” to the “Plaintiffs and/or their families and Poles in general” when it referred to “widespread collaboration” in the killing of Jews during WWII.
Court Dismisses Radio Host’s “Liar Libel” Defamation ClaimSteven Mandell, Brian D. Saucier and Lyndsey Wajert
The judge dismissed the lawsuit against the Chicago media company, deciding the company’s statement, merely expressing disagreement with its former employee’s “characterizations,” did not constitute defamation.