All Articles
Everything MLRC has published, in any publication, since 2017.
Second Circuit Affirms Dismissal of Defamation Case Against Newsweek
Cameron Stracher and Sara TesorieroThe Second Circuit has affirmed the dismissal of a defamation claim against Newsweek on substantial truth and fair report grounds.
Ten Questions to a Media Lawyer
Mark CaramanicaFlorida lawyer on his start in the business, key cases, favorite podcasts and karaoke picks.
Sarah Palin’s Second Chance to Try Libel Case Against The New York Times Set for April
Tim TaiThe move comes after a panel of the U.S. Court of Appeals for the Second Circuit threw out a jury verdict and the judge’s own Rule 50 decision for The Times in August, reviving Palin’s case.
Defamation Suit Over Nancy Grace True Crime Show and Podcast Dismissed
Mary Ellen Roy and Elana BeiserConsidering the allegedly defamatory statements as a whole in the context in which they were made, the Court held that they are not defamatory because they are not “of and concerning” the Plaintiffs, are substantially true, and/or are opinion on disclosed facts.
TikTok Falls Under the Long Shadow of Holder
Jeff HermesThis case presents what I have started to think about as a First Amendment checksum error: If you interpret the First Amendment as not only permitting but actually justifying greater government control over the content of speech, then you know there is an error in your analysis even if you can’t pinpoint it.
Santa’s Gift List for Media Players Naughty and Nice
George FreemanMLRC executive director dons his Santa cap and distributes gifts to the year's biggest newsmakers.
Actual Malice Practice Guide
This new edition builds on the excellent work done in past versions of the Practice Guide by adding important new case law to existing sections, as well as adding new sections. Most notably, the Practice Guide now includes an in-depth look at the pleading standards for actual malice under the Supreme Court’s Twombly and Iqbal…
MLRC Annual Dinner
A stellar panel of journalists discussed How the Media Covered the Presidential Election – and the political, legal and journalistic questions surrounding the campaign and election of Donald Trump.
Ten Questions to a Media Lawyer
David HospBoston lawyer on his start in media law, important cases, his sideline as an author of legal thrillers, watching family perform at Lollapalooza and more.
2024 DCS Committee Reports
MLRC Defense Counsel Committees file brief reports on last year's meetings, publications and special events, and look ahead to 2025.
DCS Annual Meeting
On November 7, 2024, MLRC held its Annual Defense Counsel Section Meeting at the offices of Patterson Belknap in New York.
MLRC 2024 Annual Meeting
The Annual Meeting of the Media Law Resource Center, Inc. was held on November 6, 2024, at Gotham Hall in New York.
Florida Court Denies Sheriff’s Motion to Close Courtroom
Sarah PapadeliasThe Court found that the Sheriff had “failed to articulate any basis … to shield the video from public view or to exclude the media from the pretrial detention hearing.”
Right to Access Juvenile Records Blooms in Ohio Supreme Court
Jack GreinerIn a recent case, the Ohio Supreme Court ruled that an Ohio statute that mandated sealing the records of a juvenile proceeding upon a finding of non-delinquency violated the Open Courts provision of the Ohio Constitution.
Federal Court Enjoins California Ban on Deepfake Election Parodies
Matt KristoffersenPlaintiff Christopher Kohls, who has produced ostensibly humorous, computer-manipulated videos like Kamala Harris making statements that she is “the ultimate diversity hire,” argued that the law is an overbroad, content-based restriction on speech — and that it inappropriately limits false statements about the government. Judge Mendez agreed.
Supreme Court Vacates and Remands Fifth Circuit Decision in Case Involving Retaliatory Arrest
Emily HockettThis summary decision, taken together with the Supreme Court’s per curiam decision in Gonzalez, suggest that retaliatory arrest claims can be maintained regardless of probable cause if a plaintiff can show objective evidence that officials rarely, if ever, enforce the law at issue in similar circumstances.
Threats to the Media in the Second Trump Term
George FreemanWhile we can also draw on his first term as a guide, the sad truth is that this second administration is likely to be far worse and far more hostile to the press and to First Amendment values: He’s learned from his first four years; he will only have yes-men surrounding him, no experts and…
Third Circuit Cites First Amendment to Limit § 230 Protection
Jeff HermesIn its opinion in Anderson v. TikTok, the Third Circuit held that Section 230 offers no protection for the sua sponte recommendation of content by social media platforms.
Court Applies Rogers v. Grimaldi to Dismiss Trademark Case Over Book Cover and Use of Photographs
Elizabeth SchilkenIn a ruling reaffirming the vitality of the Rogers v. Grimaldi test on motions to dismiss, a federal judge has dismissed a lawsuit alleging the bestselling memoir Surviving to Drive, authored by Formula 1 racing figure Guenther Steiner, infringed the trademarks of a corporate sponsor.
Publishers Win Anti-SLAPP Motion and Fee Award in Lawsuit Over Book Cover
David Aronoff and Josh BornsteinThe lawsuit involved claims by plaintiff Patrick Wizmann, who alleged that a statement written on the dust jacket of the book Dreams Don’t Die is allegedly false and misleading.
