Fair Report & Other Privileges
Article Tying Nursing Home Magnate to Human Trafficking, Medicaid Fraud & Elder Abuse Protected As Fair Report, True, and Opinion
Alia SmithJudge Azrack held that the challenged statements – concerning the poor quality of some of Landa’s nursing homes and alleged financial and other improprieties – were fair reports under N.Y. Civil Rights Law § 74, were substantially true, or were non-actionable opinions.
Long-Run Effects of Dominion v. Fox
George FreemanThe judge’s decision to dismiss any argument based on the neutral reportage privilege was a lost opportunity. It could have corrected one of the few areas where good journalism and the law diverge.
Satanic Temple Lawsuit Against Newsweek Magazine Largely Dismissed
Cameron Stracher and Sara TesorieroThe Southern District of New York held that twenty-one of the twenty-two statements were not defamatory as a matter of law.
New York First Department Affirms Dismissal of “Brooklyn Land Shark” Case
Matthew LeishA defendant who prevails on an anti-SLAPP motion to dismiss may recover its attorneys’ fees without the need to file a counterclaim or a separate lawsuit.
N.C. Court of Appeals Affirms Dismissal of Libel Suit Against WRAL
Mary Aline FertinThe Court of Appeals of North Carolina affirmed the dismissal of a libel suit against WRAL over its coverage of Crystal Mangum’s murder conviction.
Anti-SLAPP Tactical Considerations in New York State Versus Federal Courts
David S. KorzenikThe 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.
New Jersey State Court Imposes Sanctions Against Counsel for Pursuing Frivolous Defamation Claims
Elizabeth Seidlin-BernsteinA pair of recent decisions from a New Jersey trial court highlights the state’s strong legal protections for freedom of speech and the press.
Fair Report 50-State Survey
The Fair Report Survey 50-State is a state-by-state guide to the idiosyncrasies of the fair report privilege.
In Praise of the Neutral Report Privilege
George FreemanFor some inexplicable reason, the privilege has not been accepted by most courts.
Delaware Court Upholds Dismissal of Libel Suit by Former Trump Campaign Adviser Against Yahoo News and HuffPost
Jeff GrossmanIn upholding the manner in which Yahoo News reported on aspects of the government’s investigation related to what later came to be known as the “Steele Dossier,” the 4-1 decision represents an affirmation of the legal protections for reporting on government investigations.