Defamation
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.
Trump Media & Technology Group Case Against Media Outlets Dismissed
Minch Minchin and Rachel FugateA Florida trial court has granted multiple media defendants’ motions to dismiss a defamation lawsuit filed by Trump Media & Technology Group regarding articles about TMTG’s receipt of loans from sources with Russian ties.
Ninth Circuit Eliminates Interlocutory Review from the Denial of Anti-SLAPP Motions, But Preserves Anti-SLAPP Fees Provisions in Federal Court
Kevin L. Vick and Jean-Paul JassyLately, California’s Anti-SLAPP law has felt like a prisoner on Death Row when it comes to whether it would continue to apply in federal court.
Disney’s Selection of Bands for Concerts Is Within Scope of California’s Anti-SLAPP Law
Jordyn Ostroff and Jean-Paul JassyThe decision represents an important application of the test set forth by the California Supreme Court for application of the California anti-SLAPP statute’s “catchall provision.”
Texas Court Dismisses Defamation Claim by Activist Who Campaigned for Removal of Books at State Historical Sites
Abby Lahvis and Maggie BurresonA Texas court of appeals dismissed a defamation claim by a prominent “anti-woke” activist who had complained to officials about antiracism books offered for sale at two state historical sites that once had been slave plantations.
RFK Jr. Loses Defamation Lawsuit Against Maine-Based Daily Kos Blogger
It’s hard to win a defamation lawsuit when you sue someone over things they didn’t say, or statements that are obviously expressions of opinion, or when you mischaracterize what they actually said.
All in a Day’s Work? Carroll v. Trump and the Boundaries of Presidential Speech
Zoe TakalaIf Trump’s statements were indeed within the scope of his employment, the Presidential office gains extraordinary defamation immunity.
California Court Dismisses Amazon Tribe’s Libel Suit Against The New York Times and TMZ
Alexandra SettelmayerAt the heart of the suit was the allegation that The Times had claimed that the tribe was addicted to online pornography—something that The Times never said.
Illinois Legislature Amends the State’s Anti-SLAPP Law
Gregory R. NaronThe amendments to the CPA were specifically intended to override the Illinois Supreme Court’s nullifying interpretations in the Sandholm and Glorioso cases. After years of disuse, practitioners representing defamation defendants in Illinois courts should again consider filing CPA motions—with the opportunity to guide the development and rejuvenation of the law.