Jake Wunsch
This Article examines how defamation law promotes a culture of hyperbole and exaggeration on television news talk shows at the expense of more meaningful dialogue and discourse.
Privileging Opinion, Denigrating Discourse: How the Law of Defamation Incentivizes News Talk-Show Hyperbole
This Article examines how defamation law promotes a culture of hyperbole and exaggeration on television news talk shows at the expense of more meaningful dialogue and discourse.
The Libel-Proof Plaintiff: Sorting Fact and Opinion in the Age of Rhetorical Hyperbole
An emerging trend allows defendants to weaponize their own outrageousness to escape liability via the doctrine of rhetorical hyperbole. By tanking their own reputation for calling it straight, they can live to defame another day.
Remarks of Jim McLaughlin Presenting MLRC’s First Amendment Leadership Award to Kurt Wimmer
An address honoring the late Kurt Wimmer, longtime media attorney and former MLRC board member, at the bi-annual Media Law Conference in Virginia.
Landmark Defamation Decision in Australia Says You Are Liable for the Comment Section
In a decision with far-reaching ramifications for social media engagement in Australia, the country's top court ruled that media companies may be liable for allegedly defamatory comments left by readers on their Facebook posts.
All Animals Are Equal: Eighth Circuit Reverses Dismissal of First Amendment Challenge to Arkansas Ag-Gag Law
In Animal Legal Defense Fund v. Vaught,the court reversed the dismissal of a lawsuit challenging an Arkansas “ag-gag” law, which allows commercial facilities to sue parties for conducting undercover investigations into farm animal welfare and recover up to $5,000 per day in damages.
Think Twice Before Recording that Zoom: Court Finds No First Amendment Right to Record Live-Streamed Court Proceedings
The question before the Court was whether Somberg, an attorney, was entitled under the First Amendment to obtain photo-audio-video records of courtroom proceedings streamed outside the courtroom.
Home Renovation Showdown: Summary Judgment for Discovery in Actress’s Copyright Claim
This opinion is significant among Eleventh Circuit case law because it discusses in detail the issues of access, substantial similarity, and independent creation despite finding that each issue separately afforded grounds for summary judgment.
Utah Supreme Court Gives Victory to Journalist Seeking Access to Records of Closed Criminal Investigation
The Court held that the right of judicial appeal of such decisions under the Government Records Access and Management Act (“GRAMA”) rests only with the “political subdivision” or the “requester.”
Chief Judge Rejects Government’s Security Argument in Request for Capitol Riot Videos
A coalition of 16 news media organizations has now litigated the release of more than 100 exhibits of video evidence submitted in the prosecutions of the participants in the January 6 riot at the U.S. Capitol.