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Jake Wunsch

The directive is the first in the nation to expressly prohibit legislators from using so-called “ephemeral messaging” apps when discussing public business.

Sep 2023

Colorado Lawmakers Commit to Stop Auto-Deleting Instant Messages with Other Lawmakers

The directive is the first in the nation to expressly prohibit legislators from using so-called “ephemeral messaging” apps when discussing public business.

Sep 2023

A Resounding Endorsement of Open Courts from South Carolina Supreme Court

But justices differed on the impact of closed nature of the trial court’s proceedings regarding the early release, with the majority ruling that the closure required that the release order be vacated and the dissent arguing that such an action was not required.

Sep 2023

Federal Court Blocks Texas’ Book Ban

Judge Albright issued an Order preliminarily enjoining HB 900, holding that it violated the First Amendment because it compels speech, is unconstitutionally vague, and is an impermissible prior restraint.

Sep 2023

Journalist Who Fled Mexico After 2008 Death Threats Finally Granted Asylum

The tribunal noted that “journalists in Mexico are sometimes subject to physical attacks, harassment, and intimidation due to their reporting, making Mexico one of the most dangerous places in the world, outside war zones, for journalists.” 

Sep 2023

MLRC’s Media Law Conference

About 325 members attended, and the consensus was that it was a terrific and very worthwhile meeting.

Sep 2023

Federal Court in Tiger King Case Cites Warhol in Dismissing Copyright Claim Against Netflix

Despite some gloom and doom about the future of fair use after the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith last May, it seems that for documentary film makers at least, fair use is in roaring good health.

Sep 2023

New Jersey Court Rejects Discrimination Claims Based on Newspaper Columns

A state trial court recently dismissed claims under New Jersey’s Law Against Discrimination arising from newspaper columns that were allegedly motivated by discriminatory animus.

Sep 2023

Essential Elements of a Libel Claim Are Indeed Essential

Mr. Weiler attempted to put the cart before the horse here by arguing that the impact of the statements – true or false – harmed his reputation. But a plaintiff can’t proceed without evidence to support an essential element.

Sep 2023

Newsday Wins Defamation Suit Over Wrong Photo Used in News Article

Newsday moved to dismiss the complaint, arguing that New York’s anti-SLAPP Law applied to the action, that the complaint does not satisfy the heightened pleading standard imposed by the anti-SLAPP Law, and that the complaint should be dismissed because the plaintiff has not and cannot establish that Newsday published the article with actual malice.

Sep 2023

Nicholas Sandmann Blocked on Appeal

The Sixth Circuit affirmed the District Court’s grant of summary judgment to several media defendants (The New York Times, CBS, ABC, Gannett, and Rolling Stone) in a series of long-running defamation cases brought by Nicholas Sandmann.