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Anti-SLAPP

Dec 2021

Former Lawyer Gets “SLAPPED” for Frivolous Suit Over Updated Article

Giselle M. Girones

A Florida judge has ruled in favor of Frontier Media Group, awarding attorneys’ fees under Florida’s anti-SLAPP law in a defamation claim that arose out of an updated version of a 2017 article the Plaintiff had previously sued about and lost.

Oct 2021

Unanimous Georgia Supreme Court Resuscitates Georgia Anti-SLAPP Law

A long-awaited decision of the Georgia Supreme Court has restored life to the state’s anti-SLAPP statute, reversing decisions by a state trial court and the Georgia Court of Appeals that backhanded basic First Amendment principles and threatened to leave the law’s protections an empty shell.

Oct 2021

Winning Under the Negligence Standard: CBS Affiliate Reasonably Relied on Law Enforcement When Airing Wrong Mug Shot

Michael J. Lambert

“The negligence element of the defamation claim is dispositive in this case.” Media law practitioners do not expect to see this sentence in an opinion at the motion to dismiss stage.

Aug 2021

New York Federal District Court Dismisses Financier’s Libel Case

Robert P. LoBue

The decision covers a number of issues of current interest to the media bar, including the circumstances in which hyperlinking to an earlier, allegedly libelous article is a republication starting a new limitations period, the scope of the “issue of public interest” standard in the recently-enacted amendments of New York Anti-SLAPP statute, and the actionability…

Aug 2021

Ninth Circuit Unanimously Affirms First Amendment Protection for Rachel Maddow’s “Paid Russian Propaganda” Commentary

Nathaniel L. Bach and Marissa M. Mulligan

The Court held that the Southern District of California correctly granted Defendants’ anti-SLAPP motion because Ms. Maddow’s statement that OAN “really literally is paid Russian propaganda”—in the context of her broadcast, in which she employed entertaining and hyperbolic language while commenting on a matter of public concern and fully disclosing the facts—“is well within the…

May 2021

Connecticut Court Upholds Fair Report Privilege and Anti-SLAPP Law

William S. Fish, Jr. and Alexa Millinger

Two recent Connecticut Appellate Court decisions based on The Hartford Courant’s reporting on a local lawyer’s professional sanctions affirmed the strength of the fair report privilege as a defense to a defamation claim under Connecticut law and also represented the first appellate case decided under the state’s relatively new Anti-SLAPP law.

May 2021

Washington Enacts Uniform Public Expression Protection Act

Bruce E.H. Johnson

With the Governor's signature, Washington has become the first state to enact the Uniform Act adopted by the Uniform Law Commission in July 2020.

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May 2021

New York Court Grants Anti-SLAPP Motion and Dismisses Defamation Claims Against Local Blogger

Michael J. Grygiel

In a David-versus-Goliath scenario, New York State Supreme Court, granted an anti-SLAPP motion for summary judgment dismissing a defamation action brought by a construction company against a community blogger and awarded the defendant costs and attorneys’ fees.

May 2021

Florida Court SLAPPs Anti-Muslim Activist Laura Loomer’s Lawsuit

Lauren Russell, Matthew Cate and Charles Tobin

The court concluded that Loomer’s Complaint was “precisely the type of harassing lawsuit condemned by” the anti-SLAPP statute.

May 2021

Judge Dismisses Defamation Lawsuit and SLAPPs Plaintiffs with Newspaper’s Legal Fees

Karim A. Abdulla and Joseph M. Finnerty

The court granted the motion, holding not only that the article was substantially true and privileged, but also that the amended anti-SLAPP legislation required dismissal and attorney’s fees.