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

recently published
Mar 2023

Utah Becomes Fourth State to Enact the Uniform Public Expression Protection Act

Jeffrey J. Hunt and David C. Reymann

The road to enactment of UPEPA in Utah had its share of twists and turns. In the end, it was some good timing and the involvement of a respected former state legislator that made the difference.

Mar 2023

The Court and the Press in the Murdaugh Murders Trial

Jay Bender

On balance, the press members who were in Walterboro deserve as high a grade as the individuals who worked very hard to fulfill the provision in the South Carolina Constitution that all courts are public.

Mar 2023

Courthouse News Service Continues Its Winning Streak

Jack Greiner and Darren W. Ford

Courthouse News secured another victory in its efforts to preserve prompt access to electronically filed complaints, obtaining a preliminary injunction against the Franklin County, Ohio Clerk of Courts barring her office from restricting public access to newly filed non-confidential complaints, and directing her to make such complaints available to the public and press.

Mar 2023

Tennessee Journalists Prevail in Reverse Public Records Dispute Regarding Naomi Judd’s Death

Robb S. Harvey and Quynh-Anh D. Kibler

The procedural battles were unique, to say the least. Ultimately, the media’s requests were fulfilled, and the Judd family voluntarily dismissed their lawsuit.

Mar 2023

Advertising Law Summary

The Summary covers areas for which the advertiser and/or publisher could be liable. It ranges from the content of the advertisements (discrimination to defamation) to the manner and placement of advertising

Mar 2023

Celebrating Sullivan’s 59th Anniversary; MLRC White Paper’s First

George Freeman

Executive director takes a second look at MLRC's landmark White Paper "New York Times v. Sullivan: The Case for Preserving an Essential Precedent."

Feb 2023

Colorado Court Affirms Dismissal of Anti-Abortion Activist’s Libel Suit

Steve Zansberg

The Court of Appeals affirmed the trial court’s granting of defendant’s anti-SLAPP motion terminating the libel case brought by anti-abortion activist David Daleiden and the Center for Medical Progress against Dr. Savita Ginde, the former medical director of Planned Parenthood of the Rocky Mountain Region.

Feb 2023

California Court of Appeal Affirms Tarantino Movie Does Not Violate Actor’s Right of Publicity

Elizabeth L. Schilken

Affirming a bright line exemption for expressive works from California’s post-mortem right of publicity statute, the Court of Appeal upheld the dismissal of right of publicity claims against the Quentin Tarantino movie Once Upon a Time … in Hollywood.

Feb 2023

Ten Questions to a Media Lawyer: Dan Novack

Dan Novack

Penguin Randomhouse lawyer on resigning from his high school paper, penning a blistering reply to a legal threat issued by Michael Avenatti, advice for those looking to break into media law and more.

Feb 2023

A Muslim Musician Is on Death Row for Singing on What’s App

Richard Winfield

The Nigerian musician, Yahaya Sharif-Aminu, was expressing his religious beliefs in his lyrics which praised a Nigerian imam whom he sang was superior to the Prophet Mohammad.

Feb 2023

Do AI Generators Infringe? Three New Lawsuits Consider This Mega Question

Jeremy Goldman

Do content creators have the right to authorize or block AI systems from collecting and using their content as training data?

Feb 2023

DC Court of Appeals Dismisses Police Union’s Fundamental Right to Privacy Claim Over Body Cam Footage

Sara Benson and Cindy Gierhart

The Court found that the growing consensus regarding a First Amendment right to record police activity in public was incompatible with the alleged fundamental information privacy right asserted by FOP.

Feb 2023

Florida Court Quashes Subpoena to Orlando Sentinel in Campaign Finance Trial

Minch Minchin

A central Florida court denied a criminal defendant’s motion to subpoena four Orlando Sentinel Reporters under Florida’s journalists’ privilege.

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.

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.

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.

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.