Privacy
Jury Awards $25M in Damages, Including $20M in Punitive Damages, for The Oklahoman’s Misattribution of Racial Slur
Michael NorwickActual malice finding and massive punitive award comes notwithstanding the Gannett-owned newspaper’s correction of the error within two and a half hours.
Lawsuit Over Alleged CIA Spying on Assange Visitors May Proceed in Part
Matt KristoffersenFour Americans may now proceed with their lawsuit against the Central Intelligence Agency for allegedly copying data from their devices while visiting Wikileaks founder Julian Assange.
Another Unconstitutional Defamation Bill Proposed in Florida
Jim LakeProposed 2024 legislation would penalize use of anonymous sources and codify the ability of defamation plaintiffs to sue anywhere in the state for speech posted online.
Defamation Action Against The National Enquirer Dismissed on Summary Judgment
Robert S. GutierrezAfter more than three years of litigation with three successive law firms, talent manager Michael Sanchez’s defamation action against the National Enquirer was dismissed on summary judgment in August by Judge Dolly Gee. Yet it was not until October that the storied lawsuit was officially over.
Utah State Records Panel Rules that Public Universities Must Disclose NIL Contracts
Jeffrey J. Hunt and Maria J. DeMarcoA government body — perhaps for the first time — has ruled that name, image, and likeness contracts that college athletes submit to public universities are public records and not protected from disclosure under the Family Education Rights and Privacy Act (FERPA).
California Court of Appeal Affirms Tarantino Movie Does Not Violate Actor’s Right of Publicity
Elizabeth L. SchilkenAffirming a bright line exemption for expressive works from California’s post-mortem right of publicity statute, the Court of Appeal upheld the dismissal of right of publicity claims against the Quentin Tarantino movie Once Upon a Time … in Hollywood.
DC Court of Appeals Dismisses Police Union’s Fundamental Right to Privacy Claim Over Body Cam Footage
Sara Benson and Cindy GierhartThe Court found that the growing consensus regarding a First Amendment right to record police activity in public was incompatible with the alleged fundamental information privacy right asserted by FOP.
Professor Amy Gajda on Privacy and the Media and Her New Book “Seek and Hide”
Tulane Law professor, former journalist and privacy expert on the skirmishes between the press, the public, and the powerful, and the evolving boundaries of the law.
Portnoy’s Complaint Dismissed
Lindsey ChernerThe Massachusetts federal court dismissed a defamation and invasion of privacy case brought by media mogul David Portnoy, which he conceded was never about winning and always about revenge.
Data Security & Privacy 101
Resources exploring data security (what businesses are obligated to do in the event of a data breach, the financial implications, and best practices for responding), and data privacy ( how our patchwork of laws impacts businesses).