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Mar 2022

Second Circuit Affirms Dismissal of Chinese Company’s Defamation Suit Against VICE

The claim stemmed from an article that VICE published on April 11, 2020 titled Trump Blacklisted This Chinese Company. Now It’s Making Coronavirus Masks for U.S. Hospitals. 

Mar 2022

In Praise of the Neutral Report Privilege  

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

Mar 2022

Ten Questions to a Media Lawyer: Adolfo E. Jimenez

Holland & Knight partner on career choices, important cases, and karaoke picks.

Mar 2022

Second Circuit Affirms Dismissal of Defamation Suit Against Researcher

The decision reaffirms the overriding importance of context under New York defamation law, particularly for statements made amid ongoing public controversies.

Mar 2022

Ninth Circuit Affirms Ruling That Twitter’s Lawsuit Over Alleged Retaliation By Texas AG Is Unripe

The Ninth Circuit ruled that a lawsuit filed by Twitter, alleging that it was the target of retaliation by Texas Attorney General Ken Paxton in violation of its First Amendment rights, was not “prudentially ripe.”

Mar 2022

Afterword

It is very difficult to accept the notion that a decision reached by a unanimous Court in 1964, and then reaffirmed by an eight-justice majority a quarter century later, could somehow have been rendered illegitimate barely two decades after that. 

Mar 2022

Chapter 4: The Reality of Contemporary Libel Litigation

Decades of experience applying the Sullivan standard demonstrates the substantial value it brings to contemporary libel cases brought by public officials and public figures, and the importance of maintaining this protection.

Mar 2022

Chapter 3: The Empirical Reality of Contemporary Libel Litigation

It is the aim of this Chapter to quantify empirically what happens in defamation cases against the news media in a broader and more complete context than the Media Law Resource Center has undertaken in the past and to dispel some misconceptions about what conclusions can be drawn from our previously published trial data.

Mar 2022

Chapter 2: A Response to Justice Gorsuch

In his dissent in Berisha, Justice Gorsuch calls for reconsideration of a cornerstone of American constitutional law. Despite the absence of credible evidence that New York Times Co. v. Sullivan’s strong protections have degraded journalism, he raises a purported historical question: Does Sullivan’s rationale no longer hold because the media landscape that existed in 1964…

Mar 2022

Chapter 1: A Response to Justice Thomas

This Chapter provides the missing historical context to assess Justice Thomas’ originalist attacks on Sullivan; along the way, it suggests that history, rather than undercutting Sullivan, supports the Court’s constitutionalization of the common law of libel.