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Fair Report & Other Privileges

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.

Aug 2022

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.

Mar 2022

In Praise of the Neutral Report Privilege  

George Freeman

For some inexplicable reason, the privilege has not been accepted by most courts.

Jan 2022

Delaware Court Upholds Dismissal of Libel Suit by Former Trump Campaign Adviser Against Yahoo News and HuffPost

Jeff Grossman

In 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.

Sep 2021

Florida Court Applies Fair Report Privilege to Toss Former State Investigator’s Libel Suit Against Local Station

Karen Williams Kammer

The court entered final summary judgment in favor of the station and reporter Bob Norman, finding, among other things, that what they had reported was true in all material respects.

Jul 2021

Alan Dershowitz’s Libel Suit Against CNN Survives Motion to Dismiss

Amanda Levine

Judge Singhal's decision has potentially far-reaching implications for media organizations reporting on issues of public concern.

Apr 2021

Eleventh Circuit Decides New York’s Fair Report Privilege Protects Gizmodo Report on Sealed Florida Court Filing

The Eleventh Circuit unanimously affirmed summary judgment for Gizmodo Media Group in a libel suit filed by Trump aide Jason Miller, finding that New York’s fair and true report privilege protected publication of allegations concerning Miller that were filed but under seal in a Florida paternity/custody proceeding.

Mar 2021

Second Circuit Affirms Dismissal of Attorney’s “Groping” Libel Suit Against New York Times

Al-Amyn Sumar

The Second Circuit has affirmed dismissal of a libel suit against The New York Times brought by a Justice Department official who took issue with a story reporting he had groped a young administrative assistant.