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Ten Questions to a Media Lawyer
Las Vegas lawyer on the principles behind representing unpopular speakers, his uneasy place in the media bar, and why he views free speech work as a calling rather than a conventional legal career.
Ninth Circuit Considers Public Access to Decades-Old Wiretap Records
The Ninth Circuit now has a rare opportunity to address whether decades old wiretaps can be unsealed by a news organization under Title III’s “good cause” standard for disclosure, and whether the First Amendment right of access extends to sealed wiretap records after an investigation has closed in its review of In re Petition of…
Texas Supreme Court Holds the TCPA Applies to Constitutional Challenge to The Texas Heartbeat Act
The Court resolved only the question of whether the TCPA’s dismissal procedure was available to Weldon and remanded the case to the court of appeals to consider the remaining steps involved in the TCPA analysis—whether the Lilith Fund can establish a prima facie case for its claims and whether Weldon can establish a defense as…
Tennessee Supreme Court Orders Unsealing of Judicial Disqualification Records and Adopts Compelling-Interest Standard for First Amendment Right of Access
Though the opinion is not a slam dunk—notably, the Court incorporated aspects of the “good cause” standard for protective orders into its compelling-interest analysis—it is nonetheless an important win for access rights in the state.
New Jersey UPEPA Appellate Review Gathers Steam
New Jersey’s appellate courts – after at least one false start – appear ready to definitively interpret UPEPA and the scope of anti-SLAPP protection.
Seventh Circuit Tosses “Are We Dating the Same Guy?” Lawsuit — and Considers Sanctioning Plaintiff’s Lawyers
Nikko D’Ambrosio cannot move forward with his lawsuit over posts made about him in Chicago’s “Are We Dating the Same Guy?” Facebook group, the Seventh Circuit held in May. And his lawyers may have their own problems now, too.
The MLRC’s European Conference: A Dramatic Return to Paris
MLRC’s European Conference returned to Paris, highlighting both the growing community of European media lawyers and substantive transatlantic debates over libel, privacy, source protection, hate speech, and free expression.
Can a Federal Court Award SLAPP Fees On a Motion to Dismiss?
A March 2026 opinion from the District of Delaware adds a new wrinkle to the ongoing debate over how federal courts apply the fee-shifting provision of New York's anti-SLAPP law.
Texas Court Dismisses Defamation Claims Against Sahara Reporters Due to Lack of Personal Jurisdiction
The court held that Sahara Reporters’ website, while minimally interactive, did not constitute sufficient contacts with Texas to establish personal jurisdiction over Sahara Reporters because the focal point of the alleged libel and harm was in Nigeria, not Texas
Court Dismisses Defamation Claim Against John Oliver Over Medicaid Segment, But Denies Request for Fees Under New York’s Anti-SLAPP Law
The court held that the statements at issue, which sharply critiqued plaintiff Dr. Brian Morley’s denial of home health aide visits to a Medicaid patient, were protected speech on numerous grounds: under New York’s fair report privilege, as substantially accurate, as statements of opinion, and as not of and concerning the plaintiff.