All Articles
Everything MLRC has published, in any publication, since 2017.
A Major Unconstitutional Assault: A Bias Monitor Installed by the White House at a News Division
George FreemanThe spectre of a state controlled, or even influenced, media is a horrific one. It goes against the very heart of the First Amendment. Who knows if a government assigned “bias monitor” at our historically most revered news division is the first or last step.
Ten Questions to a Media Lawyer
Carol Jean LoCiceroTampa attorney on her start in the law, cameras in the courts, Florida must-sees and more.
MLRC in Belfast – Titanic Day of Discussion and Debate
Dave HellerIn June, MLRC held its European Media Lawyers Conference in the gritty and history-rich city of Belfast.
Fair Use in the Age of Artificial Intelligence: An Analysis of Recent Federal Court Decisions in AI Training Data Cases
Amanda Harris and Jeffrey PayneIn two published orders issued within the same week, two federal judges in the Northern District of California rendered significant decisions addressing whether the use of copyrighted works to train generative artificial intelligence models constitutes fair use under federal copyright law.
Nevada Supreme Court Stops Las Vegas PD’s “Reverse-Records Actions” To Drag Requesters Into Court
Benjamin Z. LipmanIn a case pitting LVMPD against the Las Vegas Review-Journal and the ACLU of Nevada, the Nevada Supreme Court recently held governmental entities cannot sue requesters in such “reverse-records actions.”
Religious University’s Defamation Claims Against Newsweek Executives Dismissed
Cameron Stracher and Sara TesorieroIn the latest chapter of the ongoing legal saga between Olivet University and Newsweek, Olivet was thwarted in its efforts to drag Newsweek executives into litigation in Florida when a Florida federal court granted defendants’ motion to dismiss for lack of personal jurisdiction.
Defamation Claim Over Hollywood Feud Article Is Time-Barred
Minch Minchin and Rachel E. FugateIn a published opinion following oral argument, the Eleventh Circuit upheld dismissal of a time-barred defamation suit filed by a movie producer against his rival and magazine The Hollywood Reporter.
Pennsylvania Case Shows the Power of an Anti-SLAPP Law – Even When It’s Just a Suggestion
Kaitlin M. Gurney, David Korzenik, and Mona HouckA case which could have been a cautionary tale about the Philadelphia court system is instead a story about the power of anti-SLAPP law – even when it does not apply to the case.
Colorado Court Tosses Libel Suit Premised on Newspaper’s Reporting on Controversy Surrounding “Furries” in Public Schools
Steve ZansbergOn July 3, Colorado’s Court of Appeals ruled that a local advocacy group’s libel claims against a newspaper should have been dismissed by the trial judge in ruling on the paper’s anti-SLAPP motion.
N.J. High Court Upholds Daniel’s Law, Expands “Interests of Highest Order”
Bruce S. RosenThe New Jersey Supreme Court – long a bulwark for media and first amendment defense – took a significant step backwards in a recent decision upholding application of Daniels Law against a local news site that had revealed the street address of a police director.
Nattering Nabobs, Fake News, and Now Pentagon Papers 2.0: Responding to Trump’s War on the Press
George FreemanHow can the media defend itself against a White House with an intentional strategy of demeaning the press and impugning its credibility, with no hesitation about lying?
Hunting for the Logic of FSC v. Paxton
Jeff HermesThe categories “obscene as to minors” and “pornography” are not synonymous, and this decision threatens a wide array of valuable albeit adult-oriented content. And even if this case were limited to porn, you should still care because the disingenuous manner in which the Court reaches its result threatens the integrity of First Amendment jurisprudence as…
New Jersey Court Promotes Anti-SLAPP in First Appellate Decision
Bruce S. RosenAlthough the decision was narrow, it broadly construed the law, reconciled a court rule to comport with the law, and reconfirmed that a voluntary withdrawal after filing still subjects plaintiffs to mandatory fee shifting.
Federal Court Splits Murdaugh Libel Case, Then Denies Media Defendants’ Dismissal Motions
Eric P. RobinsonJudge Gergel denied a motion by the defendants in the federal proceeding to dismiss the case. After reviewing the requirements for a defamation claim under South Carolina law, he concluded that Murdaugh had indeed made sufficient allegations in his original state court complaint to survive a motion to dismiss.
Ten Questions to a Media Lawyer
Katie TownsendGibson Dunn partner on how she got into media law, returning to Big Law after years leading the Reporters Committee, culture picks and her surprising affection for ice hockey.
Free Speech and Artificial Intelligence
Jeff HermesMessages generated by artificial intelligence present fascinating questions because they can seem like “speech from nowhere,” challenging our preconceptions not only of freedom of speech but of what communication is in the first place. However, focusing on the interests underlying the First Amendment reveals that not much changes from a free speech perspective, because it…
D.C. Judge Blocks Trump Executive Order Targeting WilmerHale
Matt Kristoffersen“The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting,” wrote Judge Leon. “The Founding Fathers knew this!”
Defamation Claim Over Hollywood Feud Article Is Time Barred
Minch Minchin and Rachel E. FugateIn a published opinion following oral argument, the 11th Circuit upheld a dismissal of a time-barred defamation suit filed by a movie producer against his rival and The Hollywood Reporter.
Split Decision: The Video Privacy Protection Act Circuit Clash
Stosh M. Silivos, Sophie L. Kletzien, and Brandon L. LewisIn 2024, the Second Circuit adopted a broad interpretation of the term “consumer” under the Video Privacy Protection Act, significantly expanding potential liability under the Act. The decision was the first appellate court ruling on the issue, but other federal appellate courts have since weighed in, creating a circuit split that places businesses in uncertain…
Murrow, McCarthy, Moran … and Clooney
George FreemanThe historical parallels are startling between Murrow/McCarthy and the present day: the dangers and abuse of political power, corporate greed and lameness, and—the good news—journalistic courage.
