All Articles
Everything MLRC has published, in any publication, since 2017.
Colorado Court Holds That Public Officials’ Text Messages on Cell Phones are Public Records
Steve ZansbergJudge Scoville’s ruling joined numerous other state courts in finding that text messages of public employees housed on personal cell phones are not outside the statutory definition of “public records” merely because they were never transferred to any government entity’s servers for storage and retrieval.
Telephone Records Showing County Jail Snooping on Private Attorney-Client Phone Calls Ruled Public Records in Maine
Sigmund D. Schutz and Alex HarrimanIn a recent win, the Maine Monitor secured a Superior Court order establishing that public records law requires disclosure of reports showing whether jails have recorded privileged telephone calls between jail inmates and their attorneys.
Utah State Records Panel Rules that Public Universities Must Disclose NIL Contracts
Jeffrey J. Hunt and Maria J. DeMarcoA government body — perhaps for the first time — has ruled that name, image, and likeness contracts that college athletes submit to public universities are public records and not protected from disclosure under the Family Education Rights and Privacy Act (FERPA).
Fifth Circuit Holds Texas Drone Regulation Law to Be Constitutional
Alicia Wagner CalzadaA recent drone journalism opinion out of the Fifth Circuit could have negative implications for years to come, beyond the issues in the case itself.
NBCUniversal Wins Dismissal of January 6 Activist’s Defamation Complaint
Natalie J. Spears, Samuel Fifer, Gregory R. Naron and Jessica Laurin MeekIn a strongly worded opinion, Judge Bataillon of the District of Nebraska granted NBCU’s motion to dismiss with prejudice on substantial truth grounds.
“This Stuff Is Incomprehensible”: Will Mass. High Court Reconsider its Anti-SLAPP Jurisprudence?
Jeffrey J. PyleThe Massachusetts Supreme Judicial Court may soon simplify its Byzantine interpretation of the Commonwealth’s Anti-SLAPP Law, if the justices’ questions at a recent oral argument are anything to go by.
Kenneth P. Norwick: 1941-2023
Widely admired New York media lawyer, and passionate champion of artistic expression, Ken Norwick, died October 30th at the age of 82.
The Critical Importance of Televising the Trump Trials
George FreemanIt’s hard to believe that one-quarter of the way through the 21st century, with Americans spending more time looking at screens than ever before, the criminal trials of a former President and a leading candidate to be our next President will not be televised.
Anti-SLAPP and Neuwirth = A Tough Challenge for Plaintiffs in New Jersey
Bruce S. RosenNew Jersey’s long-awaited version of the UPEPA Anti-SLAPP law becomes effective with filings as of October 9, 2023, but now it has added teeth, not from the Legislature, but because of the Appellate Division’s sweeping published decision in Neuwirth, requiring all “public” defamation cases to plead specific facts supporting an allegation of actual malice.
Louisiana Man’s COVID-19 Joke Protected by First Amendment, Fifth Circuit Decides
Matt Kristoffersen“His post did not advocate ‘lawless’ and ‘imminent’ action, nor was it ‘likely’ to produce such action," wrote the court.
“The Happiest Courtroom on Earth”: Disney & Friends Take on DeSantis
Joe Slaughter and Chuck TobinIt is rare to see three powerful amicus briefs filed at the motion to dismiss stage. But the unusual context only underscores the fundamental arguments made in the briefs: that DeSantis’s actions, as alleged in the complaint, are inimical to and corrosive of three fundamental pillars of American society – law, politics, and business.
North Carolina Court Holds Records in Possession of Third-Party Contractor Subject to Public Records Disclosure Requirements
Lauren Russell and Kaitlin GurneyThe court also held that even though requestor, Charlotte television station WBTV, received the records before a final ruling on the merits, it was entitled to recover its attorneys’ fees under North Carolina’s public records law mandating fee awards to claimants who substantially prevail in compelling disclosure of public records.
Washington Post Wins Suit Seeking Disciplinary Records of Former LGBTQ and Community Policing Liaison with History of Excessive Force
Margaret N. Strouse, Maxwell S. Mishkin, and Chuck TobinIn an important victory for police transparency, DC Superior Court Judge Maurice A. Ross granted the Post’s motion for summary judgment, rejected the District’s arguments for withholding the records under FOIA’s privacy exemption, and ruled that the Post should be awarded its attorney’s fees.
Connecticut Supreme Court Clarifies the Scope of Connecticut’s Absolute Immunity Doctrine
Alexa Millinger and Kylie HuffIn a decision clarifying the limits of absolute immunity in defamation claims, the Connecticut Supreme Court held that a former Yale student accused of sexually assaulting a classmate can bring a civil defamation suit against his accuser arising out of a campus disciplinary proceeding.
Colorado Lawmakers Commit to Stop Auto-Deleting Instant Messages with Other Lawmakers
Steve ZansbergThe directive is the first in the nation to expressly prohibit legislators from using so-called “ephemeral messaging” apps when discussing public business.
A Resounding Endorsement of Open Courts from South Carolina Supreme Court
Eric RobinsonBut justices differed on the impact of closed nature of the trial court’s proceedings regarding the early release, with the majority ruling that the closure required that the release order be vacated and the dissent arguing that such an action was not required.
Federal Court Blocks Texas’ Book Ban
Michael J. LambertJudge Albright issued an Order preliminarily enjoining HB 900, holding that it violated the First Amendment because it compels speech, is unconstitutionally vague, and is an impermissible prior restraint.
Journalist Who Fled Mexico After 2008 Death Threats Finally Granted Asylum
Chuck Tobin and Steve ZansbergThe tribunal noted that “journalists in Mexico are sometimes subject to physical attacks, harassment, and intimidation due to their reporting, making Mexico one of the most dangerous places in the world, outside war zones, for journalists.”
MLRC’s Media Law Conference
George FreemanAbout 325 members attended, and the consensus was that it was a terrific and very worthwhile meeting.
Federal Court in Tiger King Case Cites Warhol in Dismissing Copyright Claim Against Netflix
Anthony DohertyDespite some gloom and doom about the future of fair use after the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith last May, it seems that for documentary film makers at least, fair use is in roaring good health.
