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Florida’s Anti-SLAPP Law Turns 10 And Grows Into A Substantive Immunity

While Florida’s Anti-SLAPP law is one of the weakest in the United States, the Vericker decision moves it up a few notches.

Ten Questions to a Media Lawyer

Daily Beast lawyer on getting his start in media law, memorable cases, travel goals, favorite TV shows and more.

Court SLAPPs Defamation Case Against Freelance Investigative Reporter

The court held that the articles about alleged manipulation of public traded stocks fell clearly within the scope of the anti-SLAPP statute and that plaintiff failed to plead any facts sufficient to establish they were published with actual malice. Notably, the court held that allegations about prior litigation and disputes between Honig and Buhl did…

Montana Enacts UPEPA Anti-SLAPP Law

HB 292, sponsored by freshman Republican Representative Tom Millett of Libby, MT, is an exact derivative of the Uniform Law Commission Model Anti-SLAPP Act. 

Libel-Proof Plaintiff Defense Applied in Mugshot Defamation Case

Judge Fitzpatrick found that “considering Young’s criminal history, it is concluded that Young could not have suffered any additional harm because his reputation in the community was already so tarnished before the publication that no further harm could have occurred.”

Court Dismisses Defamation Action Against The Real Deal

This decision is yet another case to cite for the proposition that one does not need to bring a stand-alone motion for fees, as the Court awarded fees on the anti-SLAPP motion to dismiss.

“Central Park Five” Defamation Lawsuit Against Trump Largely Survives Motion to Dismiss

In an April 10 opinion, Judge Beetlestone disagreed with Trump that his statements were meant merely as opinion. Since his assertions could be objectively determined to be false — the then-teenagers didn’t plead guilty and didn’t kill anyone — his claims must be considered fact, she wrote.

The 2025 Entertainment & Media Law Conference

No Entrance to Legal Paradise: D.C. Court of Appeals Affirms Denial of Copyright Registration for AI-Generated Artwork

The Court’s ruling is consistent with longstanding law, reaffirming that works exclusively created by AI are ineligible for copyright protection. While this opinion ultimately leaves more nuanced “line-drawing” questions for another day, authors of AI-generated works are likely to continue to register their works with the Copyright Office and engage in legal fights to determine…

Court Quashes Document Subpoena to Freelance Journalist

Applying both Florida and New York law, the Southern District of New York recognized that a journalist’s notes, interviews, and other newsgathering materials are protected from discovery under the journalist’s privilege.

Denials of Anti-SLAPP Motions Now Appealable Under Florida Law

Following years of uncertainty, including an intermediate appellate court split and an apparent change of heart, the Florida Supreme Court has determined that denials of anti-SLAPP motions are appealable under interlocutory review.

First Amendment & Defamation Claims Against NewsGuard Dismissed With Prejudice

The decision reaffirms multiple important principles of First Amendment and defamation law, including the fundamental distinction between private conduct (which is protected by the First Amendment) and state action (which is constrained by the First Amendment), the non-actionable status of expressions of opinion, and the high bar that public figures such as Consortium News must…

Court Dismisses Defamation Suit by Former Mississippi Governor Related to Welfare Scandal

The court found that all four of the allegations of actual malice were conclusory. Then, taking each in turn, the court determined that Rosenberg did not act with actual malice by “ignoring a mountain of objective evidence” proving Bryant’s innocence.

Newsweek Wins Summary Judgment in Satanic Temple Lawsuit

Applying the substantive requirements of the New York anti-SLAPP statute, Judge Mary Kay Vyskocil of the Southern District of New York held that no reasonable jury could find by clear and convincing evidence that Newsweek published the relevant statement with actual malice and granted Newsweek’s Motion for Summary Judgment.

Trump’s Assault on the Media and Law Firms, and How We Should React

Why Trump's attacks on the media and on law firms are both unconstitutional and unfounded, and what all lawyers — and especially media lawyers — can do about them. And a fond remembrance of former New York Times executive editor Max Frankel.

Arkansas Age-Gating Law Is Permanently Enjoined

The decision was a complete win for NetChoice, declaring that the law was a content- and speaker-based restriction that failed strict scrutiny and was moreover unconstitutionally vague.

The Need for a Revised Anti-SLAPP Law in the UK

In 2023 the Economic Crime and Corporate Transparency Act introduced an anti-SLAPP law in the UK. It was something of an afterthought.

Dua Lipa Wins Summary Judgement in Levitating Copyright Infringement Case

While acknowledging that “it is possible that a ‘layperson’ could listen to portions of Plaintiffs’ and Defendants’ songs and hear similarities,” Judge Katherine Polk Failla concluded that “there can be no substantial similarity (and thus no copyright violation) as a matter of law, because ‘the similarity between the works concerns only non-copyrightable elements of the…

Judge Grants Summary Judgment Against Fair Use Defense in AI Context

It is still early to predict what impact this case will have on the pending infringement cases against OpenAI and other generative AI companies. But Judge Bibas’s recognition of a “AI training data market” will certainly be cited by plaintiffs in those cases.   

Producer of Cosby Show Defeats Claims Brought Under the Adult Survivors Act

The trial court ruled that Ms. Pinkerton’s claim was not revived by New York’s ASA because the alleged assault occurred outside of New York State and Ms. Pinkerton was not a New York resident at the time.