All Articles
Everything MLRC has published, in any publication, since 2017.
Court SLAPPs Conspiracy Theorist’s $250 Million Suit v. Chicago Sun Times
Damon E. Dunn and Seth A. SternThe 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 Media
Jeremy Chase and Nimra AzmiAfter 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 Newspaper
Samuel CalkinsThe 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 2022
Dave HellerKeep 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 Figure
Chelsea KellyA 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 Lawyer
Adam CannonLegal 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 Obscene
Nicole Bergstrom and Molly G. RothschildA 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 Gannett
Brian SpahnThe 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 Times
Karen ChesleyA 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 Suit
Bob 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 Question
Meenakshi Krishnan and Nathan SiegelJudge 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 HermesA consideration of the role that editorial discretion and content moderation play in the marketplace of ideas.
Ken Starr: A Genial Man with a Mixed Legacy
George FreemanI 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 Lawsuits
Dave HellerThe 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 Speech
Camille RichieriIn 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 Show
Kelli L. Sager, Dan Laidman, and Sarah BurnsReinforcing 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 Complicity
Damon Dunn and Seth SternA 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 Claim
Steven Mandell, Brian D. Saucier and Lyndsey WajertThe 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.
