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Jake Wunsch

The court held that the names of the subcontractors being paid with state funds to lobby for wolf-delisting were not properly classified as protected “trade secrets” or “commercial information,” under Utah’s open records statute, and that in any event the names must be released because the public interest in access outweighs any interests in restriction of access.

Oct 2021

Utah Court Rules Journalist Entitled to Names of Lobbyists Hired to Delist Gray Wolf

The court held that the names of the subcontractors being paid with state funds to lobby for wolf-delisting were not properly classified as protected “trade secrets” or “commercial information,” under Utah’s open records statute, and that in any event the names must be released because the public interest in access outweighs any interests in restriction…

Oct 2021

Fifth Circuit Decision: “It Is Not a Crime to Be a Journalist.”

A recent decision from the Fifth Circuit concluded that officials have no qualified immunity after they arrested a citizen journalist for asking a police officer for information as part of reporting the local news.

Oct 2021

The Copyright Small Claims Court

The copyright small claims court, designed to provide copyright claimants a quicker and less expensive way to enforce their rights, will hear limited types of copyright claims, counterclaims, and defenses.

Oct 2021

Unanimous Georgia Supreme Court Resuscitates Georgia Anti-SLAPP Law

A long-awaited decision of the Georgia Supreme Court has restored life to the state’s anti-SLAPP statute, reversing decisions by a state trial court and the Georgia Court of Appeals that backhanded basic First Amendment principles and threatened to leave the law’s protections an empty shell.

Oct 2021

Winning Under the Negligence Standard: CBS Affiliate Reasonably Relied on Law Enforcement When Airing Wrong Mug Shot

“The negligence element of the defamation claim is dispositive in this case.” Media law practitioners do not expect to see this sentence in an opinion at the motion to dismiss stage.

Oct 2021

Third Circuit: Section 230 Does Not Bar Pennsylvania Statutory Right of Publicity Claim Against Facebook

The Third Circuit split with a leading Ninth Circuit opinion holding that internet service providers are immune from all state intellectual property law claims.

Oct 2021

Baltimore Jury Returns Defense Verdict in Public Official Media Defamation Trial

A Baltimore jury returned a defense verdict at the end of a two-week, in-person trial against Sinclair Broadcast Group and its investigative reporter Chris Papst, in a media defamation and false light invasion of privacy case over a series of broadcast news reports.

Oct 2021

Michigan Court Rejects Defamation and Related Claims Against Independent Investigative Journalists

The case demonstrates that, even in the absence of an anti-SLAPP statute, Michigan courts can be persuaded to immediately dispose of bogus attempts to chill unwanted reporting.

Oct 2021

Federal Court Dismisses Defamation, Fraud Claims Against Producers and Spotify for “Son of a Hitman” Podcast

Parker’s lawsuit claimed the 10-part series had “irrevocably damaged her reputation” by insinuating she had schemed with the F.B.I. to convict Harrelson, and that producers had fraudulently induced her participation in the podcast when they failed to disclose that Harrelson’s son, Brett, served as an executive producer.

Oct 2021

The Defense of Rhetorical Hyperbole: How Is It Being Used (or Overused) in Today’s Polarized Environment?

Courts have long considered whether statements made in the context of heated political debate are protected as rhetorical hyperbole and opinion. But recent libel cases stemming from opinion shows hosted by partisans like Rachel Maddow, and on platforms such as Twitter, have seen the rhetorical hyperbole defense taking on new prominence. Have these cases gone…