All Articles
Everything MLRC has published, in any publication, since 2017.
Celebrating Sullivan’s 59th Anniversary; MLRC White Paper’s First
George FreemanExecutive director takes a second look at MLRC's landmark White Paper "New York Times v. Sullivan: The Case for Preserving an Essential Precedent."
Colorado Court Affirms Dismissal of Anti-Abortion Activist’s Libel Suit
Steve ZansbergThe 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.
California Court of Appeal Affirms Tarantino Movie Does Not Violate Actor’s Right of Publicity
Elizabeth L. SchilkenAffirming 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.
Ten Questions to a Media Lawyer: Dan Novack
Dan NovackPenguin 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.
A Muslim Musician Is on Death Row for Singing on What’s App
Richard WinfieldThe 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.
Do AI Generators Infringe? Three New Lawsuits Consider This Mega Question
Jeremy GoldmanDo content creators have the right to authorize or block AI systems from collecting and using their content as training data?
DC Court of Appeals Dismisses Police Union’s Fundamental Right to Privacy Claim Over Body Cam Footage
Sara Benson and Cindy GierhartThe 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.
Florida Court Quashes Subpoena to Orlando Sentinel in Campaign Finance Trial
Minch MinchinA central Florida court denied a criminal defendant’s motion to subpoena four Orlando Sentinel Reporters under Florida’s journalists’ privilege.
Second Circuit Affirms Dismissal of Defamation Complaint Based On Fair Report Privilege
Michael J. GrygielBoth 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.
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.
Oklahoma Courts SLAPP Tulsa Police Officer’s Lawsuit Over Police Shootings Statement
Robert D. NelonThe 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.
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 PantThis article reviews how Gonzalez came before the Court, discusses the principal arguments that the parties and amici have raised, and previews proposed Congressional actions.
Texas District Court Enjoins Netflix Prosecution
Samuel CalkinsJudge 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.
Colorado Court of Appeals SLAPPs Dentist’s Defamation Case Over Consumer Review
Lauren RussellIn 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…
Minnesota Judge Affirms Application of Shield Law, Orders Privilege Log Production Anyway
Christopher ProczkoJudge 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.
Washington State Court Issues Nation’s First Appellate Decision on the Uniform Public Expression Protection Act
Caesar Kalinowski IV, Shontee Pant, and Bruce E.H. JohnsonPassed by Washington in 2021 and other states since, UPEPA provides expedited procedures and substantial protections to protect expressive rights against abusive litigation.
Fourth Circuit Halts “Election Libel” Prosecution, North Carolina Law Likely Unconstitutional
Benjamin RossiIn a strongly worded opinion, the Fourth Circuit Court of Appeals last week vacated a district court’s denial of a preliminary injunction against a state prosecution of Josh Stein, North Carolina’s Attorney General.
Ohio Court of Appeals: Statements Lampooning Restaurateur for Racist Dress Code Were Nonactionable Satire
Kevin T. ShookThe court found the articles posted on the website to be protected by the First Amendment because a reasonable reader would understand they were satire and did not convey actual facts.
Defamation Suit Against Daily Beast Dismissed
Andrew M. PauwelsThis case should serve as a reminder to media defense attorneys of the many arguments available at the initial motion phase, even in states like Michigan where there is no anti-SLAPP law.
Spring Conference Preview
George FreemanIn-person events take center stage as Covid risks ebb.
