All Articles
Everything MLRC has published, in any publication, since 2017.
Ten Questions to a Media Lawyer
Matthew SchaferParamount lawyer on his start in the business, the best career advice he was ever given, AI, recent reading and more.
Connecticut Supreme Court Affirms Right of Immediate Appeal of Anti-SLAPP Decisions
Alexa MillingerConnecticut joins 16 states in holding that anti-SLAPP motions to dismiss may be immediately appealed rather than waiting for the conclusion of the case.
A Texas-Sized Battle to Protect Citizens Rights to Speak Freely
Laura Lee Prather and Reid PillifantThe quiet end for SB 896 came after a noisy lobbying effort by media, advocacy, consumer, and business groups to kill the bill.
Virginia Court Dismisses Homeowners’ Case Over B-Roll Footage in Jan. 6 News Story
Hilary OranThough courts rarely find that a party has been fraudulently joined, the court did so in this instance.
Virginia Federal Court Grants Gannett’s Motion to Dismiss Defamation Lawsuit Brought by Prominent Anti-Vaxxer and Covid Critic
Michael J. GrygielThe 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.
Proposed Florida Defamation Legislation
Sarah Papadelias and Rachel FugateOne proposal that was introduced during the session was an effort to overhaul defamation law in Florida by making it “easier” to sue media outlets in Florida.
A Brief Note Regarding the Recent AI Debacle in Federal Court
Jeff HermesAn attorney’s recent debacle with AI was based on a basic and very common misunderstanding of what a tool like ChatGPT, powered by a large language model, is and does. This article attempts to clear things up.
Ninth Circuit Holds Senator Warren’s Letter to Amazon Was Protected as Persuasive Speech
Margaret N. StrouseAlthough Sen. Warren used “strong words,” her word choice and tone were a persuasive “call to action” consistent with elected officials’ right to “forcefully criticize” other speakers.
“Metabirkins” NFT Trial Tests Multiple Legal Theories
Toby Butterfield and Stephanie SmithHermes International sought legal remedies against Los Angeles artist Mason Rothschild for his creation and sale of NFTs, without obtaining Hermes’ authorization, depicting digital images of revised versions of Hermes’ iconic “Birkin” handbag.
The Supreme Court’s Next Target: Social Media
Clay CalvertIn late April, the U.S. Supreme Court agreed to hear two cases affecting citizens’ ability to sue government officials who block them on social media. When the court tackles O’Connor-Ratcliff v. Garnier and Lindke v. Freed (likely this fall), it should embrace a rule that enhances, not constrains, the First Amendment right to engage with…
Ohio Court of Appeals Affirms Dismissal of Police Chief’s Defamation Claims Linked to True Crime Podcast
Kevin T. ShookThe court of appeals affirmed that plaintiff lacked evidence of actual malice and also found certain statements were not actionable under Ohio’s innocent construction rule.
Court Dismissed Defamation Case Arising from Environmental Advocacy Group’s Campaign to Protect Canadian Forests
Chelsea Kelly and Laura HandmanAfter seven years of litigation, court ruled that defendants had not acted with actual malice and dismissed the case in full.
Court Dismisses Trump’s Tortious Interference Claim Against The New York Times
Samantha C. HamiltonJudge Reed’s decision is especially important for reporters who have sources with NDAs.
Florida Appellate Court Orders Public Release of State Grand Jury Materials from Failed Jeffrey Epstein Prosecution
Nina D. Boyajian and Layal L. BisharaThe Court of Appeal held that courts have inherent authority to order the disclosure of grand jury materials, “despite the traditional rule of [grand jury] secrecy.”
Thrilled to Bits: MLRC Digital Conference A Resounding Success
George FreemanWe had about 150 attendees — about a pre-pandemic crowd — and everyone I spoke to felt it was truly engaging and worthwhile.
Anti-SLAPP Bill Advances in New Jersey
Bruce RosenThis is the first time that an anti-SLAPP measure has been considered by committees in both houses of the NJ Legislature.
California Court Vacates Congresswoman’s Anti-SLAPP Win Against Political Foe
Matthew CateA California court revived a defamation claim against U.S. Rep. Maxine Waters in May, holding that her 2020 GOP opponent provided sufficient evidence that she acted with actual malice in making allegedly false statements about his military record.
Internet Archive Slammed in Decision Rejecting Mass Distribution of Unlicensed Ebooks Under ‘Controlled Digital Lending’ Theory
Jack Browning, Linda Steinman and Liz McNamaraJudge Koeltl delivered a decision definitively characterizing Internet Archive’s actions as brazen copyright infringement.
Summary Judgment Awarded to Obstacle Course Racing Blogger
Madeleine Blair, Isabel White and Lindsey FloydIn a 74-page decision, the court dismissed all defamation and defamation per se claims against Davis for insufficient evidence of actual malice.
D.C. Court of Appeal Affirms Anti-SLAPP Fee Award in “Steele Dossier” Case
Chuck TobinThe court’s decision significantly strengthens arguments for defendants to recover fees under the District’s anti-SLAPP law, including the fees they expend in litigating entitlement to fees.
