Jake Wunsch
The decision covers a number of issues of current interest to the media bar, including the circumstances in which hyperlinking to an earlier, allegedly libelous article is a republication starting a new limitations period, the scope of the “issue of public interest” standard in the recently-enacted amendments of New York Anti-SLAPP statute, and the actionability in the context of newsgathering of torts such as interference with confidentiality agreements and inducement to breach of fiduciary duty.
New York Federal District Court Dismisses Financier’s Libel Case
The decision covers a number of issues of current interest to the media bar, including the circumstances in which hyperlinking to an earlier, allegedly libelous article is a republication starting a new limitations period, the scope of the “issue of public interest” standard in the recently-enacted amendments of New York Anti-SLAPP statute, and the actionability…
Ninth Circuit Unanimously Affirms First Amendment Protection for Rachel Maddow’s “Paid Russian Propaganda” Commentary
The Court held that the Southern District of California correctly granted Defendants’ anti-SLAPP motion because Ms. Maddow’s statement that OAN “really literally is paid Russian propaganda”—in the context of her broadcast, in which she employed entertaining and hyperbolic language while commenting on a matter of public concern and fully disclosing the facts—“is well within the…
Times v. Sullivan, Rosenbloom, and Justice Gorsuch: Where is SCOTUS Heading?
Here are a few personal thoughts on the issue – first, on the need for the continued reliance on the actual malice rule; and, second, dealing with the criticism of the public figure (as opposed to public official) categorization by a return to the Rosenbloom rule.
Some DNA Issues for Art Law
DNA can contribute powerfully to attribution and authentication of artworks, and thus to historic and market value.
Court Analyzes FOSTA Exception to Section 230
The case involved claims against Twitter arising out of its alleged failure to remove links to third-party sex trafficker pornographic videos upon the request of minors depicted therein.
Pushing Back Against NYPD for Violations of Journalists’ Constitutional Rights
In a recently filed suit, five visual journalists are suing the NYPD for civil rights violations after each journalist was targeted, beaten, or arrested by NYPD officers while attempting to cover the 2020 George Floyd protests in New York City.
The ‘Embed’ Saga Continues: Another Court Rejects ‘Server Test’ With More Decisions Looming
SDNY Rakoff, in Nicklen v. Sinclair, effectively followed Breitbart and fulsomely rejected Perfect 10’s “server rule.” And there is more judicial “embed” activity to be expected in the immediate future.
10 Questions to a Media Lawyer: Harry Melkonian
The Sydney lawyer on career moves, big cases, quarantine living, and more.
Dr. Seuss / Star Trek Mashup Case Heads to Trial After Fair Use Roller Coaster Ride
Judge Sammartino denied a motion for summary judgment brought by the plaintiff, Dr. Seuss Enterprises, leaving it to a jury to decide whether ComicMix’s unpublished book – Oh, the Places You’ll Boldly Go! – infringes the copyrights in Dr. Seuss’ famous children’s books.