Skip to main content

All Articles

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

recently published
Jul 2023

Gearing Up for MLRC’s Biggest Conference of the Year

George Freeman

A look behind the scenes of MLRC's Media Law Conference, October 4-6 at the Lansdowne Resort in Northern Virginia.

TOPICS :
Jul 2023

Blackwater Founder Erik Prince’s Claims Against The Intercept Dismissed for Lack of Actual Malice

Margaret N. Strouse

Judge Preska referenced the actual malice standard under New York’s anti-SLAPP statute but, because actual malice already was required of Prince as a public figure, she did not decide which source of the actual malice standard should govern.

Jul 2023

Maine Supreme Court Affirms Trial Win for Newspaper That Reported on Sex Abuse Allegations and Coverup

Cynthia Counts

The Maine Supreme Court affirmed a jury’s verdict in favor of a newspaper company and two journalists accused of defamation for reporting on decades old sex abuse allegations against a former police captain.

TOPICS :
Jul 2023

Ten Questions to a Media Lawyer

C. Amanda Martin

North Carolina lawyer and academic on her beginnings, work related to the O.J. Simpson trial, teaching, NC must-sees, summer reads and more.

Jul 2023

Free Speech in the “Free State”

Rachel Fugate and Sarah Papadelias

Florida's distorted First Amendment reality stems from a “war on woke” that attempts to eliminate certain viewpoints and has infected Florida’s legislative and executive decisions. Fortunately, federal courts have pulled Florida back from the First Amendment "upside down." However, there still is a long way to go.

Jul 2023

Warhol Foundation v. Goldsmith Roundtable Discussion

Caren Decter, David Korzenik and Mickey Osterreicher

The decision has been controversial and has received mixed reviews within the copyright bar, so MLRC convened an expert roundtable to weigh-in.

Jul 2023

Free Speech and Media Law in the Supreme Court’s 2022-2023 Term

Jeff Hermes

MLRC deputy director on what was interesting, troubling, and/or puzzling about ten of the Court’s decisions this term.

Jun 2023

Ten Questions to a Media Lawyer

Tom Hentoff

Williams & Connolly attorney on growing up with two renowned journalist parents, breaking into the business, email etiquette and much more.

Jun 2023

How AI “Hallucinations” Could Inflict Real-World Pain for Users

Lyndsey M. Wajert

In filing a complaint many have dubbed “the first of its kind,” a radio host in Georgia recently sued for defamation the company behind the much-buzzed-about artificial intelligence chat platform ChatGPT. And while the concept of suing an AI developer for an intent-based tort may be quite novel, the facts at issue highlight some familiar…

Jun 2023

Second Time Around, Florida Trial Court Applies Anti-SLAPP Statute to DJ’s Defamation Claims

Minch Minchin

A Florida trial judge dismissed a Tampa disc-jockey’s SLAPP suit against a local radio station and rival DJ because the defamation count was based on nonactionable statements, and the additional claims were barred by Florida’s single-action rule.

Jun 2023

Pennsylvania Judge Called “QAnon-Linked” Loses False Light Lawsuit Against The Daily Beast

Seth Berlin, Kaitlin Gurney and Leslie Minora

The Court dismissed the Complaint on actual malice pleading grounds, finding that Judge Patrick had failed to allege facts that, if proven, would constitute clear and convincing evidence “that Defendants acted with actual malice when they described her as a QAnon-linked judge.”

TOPICS :
Jun 2023

Music Producer Is a Public Figure in High Profile Case Against Pop Star

Benjamin E. Marks and Krystel Delauney

The Court held that Gottwald is a limited-purpose public figure and must show by clear and convincing evidence that Sebert acted with actual malice when she accused him of sexual assault. It also granted summary judgment to Sebert with respect to five of the allegedly defamatory statements on the ground that they fell squarely within…

TOPICS :
Jun 2023

St. Louis Post-Dispatch Fights Prior Restraint on Publication of Murder Defendant’s Mental Health Report

Jean Maneke

Joseph E. Martineau, attorney with Lewis Rice LLC who is defending the Post-Dispatch, argued that there is a long history of courts rejecting any effort to restrain publication under such circumstances, given that the pleading was lawfully obtained by the reporter in its quick response to the Court.

TOPICS :
Jun 2023

Daniel Ellsberg: A Personal Remembrance of an American Hero

George Freeman

Though in our volatile and combative times, many journalists – and their sources – are exceptionally courageous, and often sacrifice their well-being for their profession and causes, Ellsberg was the unequaled model for such behavior.

Jun 2023

Counterman v. Colorado: Good News for Sullivan Fans

Jeff Hermes

The Court says explicitly that whether a statement is a threat does not depend on the intent of the speaker but upon the message received by the listener. However, scienter amounting to subjective recklessness is required in order to avoid chilling effects on other speech.

TOPICS :
Jun 2023

Ten Questions to a Media Lawyer

Matthew Schafer

Paramount lawyer on his start in the business, the best career advice he was ever given, AI, recent reading and more.

May 2023

Connecticut Supreme Court Affirms Right of Immediate Appeal of Anti-SLAPP Decisions

Alexa Millinger

Connecticut joins 16 states in holding that anti-SLAPP motions to dismiss may be immediately appealed rather than waiting for the conclusion of the case.

May 2023

A Texas-Sized Battle to Protect Citizens Rights to Speak Freely

Laura Lee Prather and Reid Pillifant

The quiet end for SB 896 came after a noisy lobbying effort by media, advocacy, consumer, and business groups to kill the bill.

May 2023

Virginia Court Dismisses Homeowners’ Case Over B-Roll Footage in Jan. 6 News Story

Hilary Oran

Though courts rarely find that a party has been fraudulently joined, the court did so in this instance.

TOPICS : ,
May 2023

Virginia Federal Court Grants Gannett’s Motion to Dismiss Defamation Lawsuit Brought by Prominent Anti-Vaxxer and Covid Critic

Michael J. Grygiel

The threshold dismissal was particularly welcome — and appropriate — because the Complaint targeted the newspaper’s reporting on a newsworthy community event implicating vitally important public health issues.

TOPICS : ,