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

recently published
Feb 2023

Second Circuit Affirms Dismissal of Defamation Complaint Based On Fair Report Privilege

Michael J. Grygiel

Both the District Court’s decision and the Second Circuit’s affirmance reinforce that Section 74 provides appropriate grounds for upfront dismissal of a defamation complaint under Rule 12(b)(6) where the application of the privilege is clear on the face of the allegations.

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Jan 2023

Ten Questions to a Media Lawyer: Jens van den Brink

Dutch lawyer on his career path, things to do in Amsterdam, and the legacy of Spinoza.

Jan 2023

Oklahoma Courts SLAPP Tulsa Police Officer’s Lawsuit Over Police Shootings Statement

Robert D. Nelon

The district court concluded that the text and headlines of each of the defendants’ articles were substantially true and did not materially differ from, and were “a fair representation” of, what Yates himself said.

Jan 2023

Section 230 Under Fire: The Supreme Court and Congress Weigh Narrowing Internet Service Providers’ Immunity for Content Posted by Others

Jim Rosenfeld, Adam Sieff, and Shontee Pant

This article reviews how Gonzalez came before the Court, discusses the principal arguments that the parties and amici have raised, and previews proposed Congressional actions.

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Jan 2023

Texas District Court Enjoins Netflix Prosecution

Samuel Calkins

Judge Truncale concluded that the film was likely constitutionally protected by the First Amendment and that the claim that the film contains child pornography is flawed.

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Jan 2023

Colorado Court of Appeals SLAPPs Dentist’s Defamation Case Over Consumer Review

Lauren Russell

In one of the first appellate decisions interpreting and applying the state’s new anti-SLAPP law, the Colorado Court of Appeals reversed the trial court’s denial of the defendant’s Anti-SLAPP motion, dismissing an endodontist’s defamation case against a former patient who posted negative reviews about her treatment, and ordering the trial court to award the patient…

Jan 2023

Minnesota Judge Affirms Application of Shield Law, Orders Privilege Log Production Anyway

Christopher Proczko

Judge Klein’s order is a mixed result. On one hand, it strengthens the protections of Minnesota’s shield law, At the same time, though, Judge Klein explicitly refuses to address the First Amendment issues and orders Unicorn Riot and Georgiades to expend resources producing a privilege log.

Jan 2023

Washington State Court Issues Nation’s First Appellate Decision on the Uniform Public Expression Protection Act

Caesar Kalinowski IV, Shontee Pant, and Bruce E.H. Johnson

Passed by Washington in 2021 and other states since, UPEPA provides expedited procedures and substantial protections to protect expressive rights against abusive litigation.

Jan 2023

Fourth Circuit Halts “Election Libel” Prosecution, North Carolina Law Likely Unconstitutional

Benjamin Rossi

In a strongly worded opinion, the Fourth Circuit Court of Appeals last week vacated a district court’s denial of a preliminary injunction against a state prosecution of Josh Stein, North Carolina’s Attorney General.

Jan 2023

Ohio Court of Appeals: Statements Lampooning Restaurateur for Racist Dress Code Were Nonactionable Satire

Kevin T. Shook

The court found the articles posted on the website to be protected by the First Amendment because a reasonable reader would understand they were satire and did not convey actual facts.

Jan 2023

Defamation Suit Against Daily Beast Dismissed

Andrew M. Pauwels

This case should serve as a reminder to media defense attorneys of the many arguments available at the initial motion phase, even in states like Michigan where there is no anti-SLAPP law.

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Jan 2023

Spring Conference Preview

George Freeman

In-person events take center stage as Covid risks ebb.

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Jan 2023

Lessons Learned Series: Making Strides Toward UK Anti-SLAPP Law and Crackdown on Attorneys Who Bring SLAPP Suits

Laura Prather

The first in a series of articles written by Laura Prather, of Haynes Boone, about things she learned as a Fulbright Scholar researching, advocating, and raising awareness of SLAPPs in the EU, UK, and US

Dec 2022

Actual Malice, Ariel Sharon, and the Future of the Right to be Wrong

Denver Nicks

A deep dive into Sharon v. Time with the benefit of hindsight helpfully illustrates the importance of the right to be wrong and the dangers that present when courts inject a flawed understanding of how journalism works into the actual malice inquiry.

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Dec 2022

The Internet Has Failed Us as A Society: A Debate

Hugo Rikind, Jane Kirtley, Hugh Tomlinson KC, and Gavin Millar KC

Four experts from journalism, academia, and law contemplate the legal, political, and cultural issues surrounding the internet and society.  

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Dec 2022

Persistent And Emerging Threats to the Autocrat’s Bugbear: Satire and Political Cartoons

Terry Anderson and Roslyn A. Mazer

A look into the nature of cartoonists’ criminalization and the varied, sometimes oblique means by which their freedom of expression is attacked.

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Dec 2022

Mass Shooting at Club Q in Colorado Springs Prompts Two Successful Unsealing Battles

Steve Zansberg

Judge Chittum ruled that in light of recent events the statute clearly required that prior criminal case file be unsealed.

Dec 2022

Happy Holidays from the Executive Director

MLRC Executive Director symbolic offerings to 2022's newsmakers.

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Dec 2022

Ken Auletta on “Hollywood Ending: Harvey Weinstein and the Culture of Silence”

A conversation with The New Yorker’s Media Reporter and author of a recent vivid biography of Harvey Weinstein.

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Dec 2022

A Conversation with Ted Koppel

The award-winning journalist on the state of journalism today, the amalgamation of factual reporting and commentary, what can be done about disinformation and the poor perception of journalists, and some reminiscences of “Nightline.”

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