Defamation
Laura Loomer Loses Defamation Suit Against HBO and Bill Maher
In the summary judgment decision, Judge Moody, Jr. found that no reasonable viewer would understand Maher’s comments to be a statement of fact, that Loomer had failed to present evidence that Maher acted with actual malice, and that Loomer had offered no evidence of damages.
Eleventh Circuit Tosses Roy Moore’s $8.2 Million Damage Award
J. Evans BaileyThe result marks Moore’s second defeat in federal appeals court this decade.
When Celebrity Doctors Aren’t Celebrities: The Public Figure Question in Colker v. Callis
Kylie M. HuffA federal judge in Connecticut has ruled that a defamation action brought by a celebrity doctor associated with WWE founder Vince McMahon may proceed.
Court Dismisses “January 6” Participant’s Defamation Claims Based on Fair Report Privilege, Substantial Truth, and Failure to Identify “John Doe” Reporters
Sara Benson, Todd Hambidge and Robb HarveyA Tennessee federal court recently dismissed a defamation action against Tegna and its Knoxville affiliate, holding that the challenged news reporting was protected by the fair report privilege and, in any event, was substantially true.
The Tribulations and Trial of Afroman
Jack GreinerAn Adams County, Ohio jury recently returned a verdict in favor of Joseph Foreman, aka "Afroman" in a defamation trial filed by several police employed by Adams County.
SLAPPs as a Tool to Silence the Press: How Brazil Is Responding to a Growing Threat
Simone Lahorgue NunesRaising public awareness about SLAPPs – and about the threat they pose to democratic debate – is a crucial first step. Only by acknowledging the problem can Brazil move toward a more robust legal framework capable of safeguarding the right to inform, and to be informed, on matters of public interest.
Texas Pickleball-Tennis Feud Defamation Case to Proceed
Matt KristoffersenA Texas pickleball supporter can proceed with his defamation lawsuit against a homeowner’s association member after she allegedly implied he was a “pervert, pedophile or sexual predator” at a board meeting.
New Jersey Court Denies Anti-SLAPP Motion in Political Speech Case
Bruce S. RosenThe New Jersey Appellate Division has issued a published decision on New Jersey’s anti-SLAPP law that appears to undermine the statute’s processes, while also potentially retreating from that court’s explicit requirements for pleading actual malice and the state’s strongly defined tolerance for hyperbolic political speech.
Washington UPEPA Appellate Decision Holds Parishioner’s Statement That Encounter with Pastor Was “Rape” Is Not Defamatory
Theo A. Lesczynski and Eric M. StahlIn a decision that strengthens First Amendment protections for sexual assault survivors who choose to speak out, the Washington Court of Appeals dismissed a pastor’s defamation lawsuit against a parishioner who characterized a sexual encounter with him as “rape.”
Colorado Supreme Court Decides Which Speech is Protected by State’s Anti-SLAPP Act
Michael Beylkin and Steve ZansbergIn its first opinion interpreting the state’s anti-SLAPP statute, the Colorado Supreme Court provided an expansive reading of which types of speech (or expressive conduct) are entitled to the statute’s protection.