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Defamation

Oct 2022

Hawaiʻi Third State To Pass Uniform Protection for Public Expression Act

Denise Antolini and Jeff Portnoy

The new law represents a major gain for civil rights particularly at a time when independent-minded media and public interests groups are outgunned by well-oiled capitalists and dark money. 

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Oct 2022

Australia’s Trial of the Century: Ben Roberts-Smith v. Fairfax Media

Peter Bartlett

Australian lawyer gives context about complex case pitting Australia’s most decorated soldier against experienced journalists who allege he committed war crimes in Afghanistan.

Oct 2022

Colorado Trial Court Dismisses Baseless Libel Suit Against Newspaper

Steven D. Zansberg

A state trial court judge granted the anti-SLAPP motion of the Northglenn-Thornton Sentinel newspaper and dismissed a libel suit brought by a pro se plaintiff who claimed he was defamed by an article recounting his run-ins with the law arising from his protests at two Islamic religious centers.

Oct 2022

N.C. Court of Appeals Affirms Dismissal of Libel Suit Against WRAL

Mary Aline Fertin

The Court of Appeals of North Carolina affirmed the dismissal of a libel suit against WRAL over its coverage of Crystal Mangum’s murder conviction.

Sep 2022

Anti-SLAPP Tactical Considerations in New York State Versus Federal Courts

David S. Korzenik

The court had no difficulty concluding the article was a matter of legitimate public concern, a fair report of the prior proceedings, and published without actual malice. The significance of the decision, however, also lies in its approach to the recovery of legal fees under the New York SLAPP statute.

Sep 2022

New Jersey State Court Imposes Sanctions Against Counsel for Pursuing Frivolous Defamation Claims

Elizabeth Seidlin-Bernstein

A pair of recent decisions from a New Jersey trial court highlights the state’s strong legal protections for freedom of speech and the press.

Sep 2022

Court SLAPPs Conspiracy Theorist’s $250 Million Suit v. Chicago Sun Times

Damon E. Dunn and Seth A. Stern

The suit demanded $250,000,000 in compensatory and punitive damages, which Judge O’Malley found signified retaliatory intent necessary to establish a SLAPP.

Sep 2022

Delaware Court Grants Dismissal in ShotSpotter v. VICE Media

Jeremy Chase and Nimra Azmi

After finding that ShotSpotter had failed to state a claim on fair report, opinion, and truth grounds, the Court nevertheless proceeded to hold that ShotSpotter’s 413-page Complaint failed to adequately allege actual malice.

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Sep 2022

Texas Appeals Court SLAPPs Lawsuit Against Community Newspaper

Samuel Calkins

The term “right wing propaganda” in the context of the article was a constitutionally protected opinion and a statutorily privileged fair comment on a matter of public concern.

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Sep 2022

Rabbi’s Use of a Reputation Management Consultant Renders Him a Limited Public Figure

Chelsea Kelly

A Maryland trial court held that a rabbi became a limited public figure by hiring a reputation management consultant to digitally suppress negative content about him online and promote unrelated positive content.

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