Jake Wunsch
The decision is the first case in the Tenth Circuit to adopt the “access through an intermediary” test of the highly influential and widely-cited decision Meta-Film Assocs v. MCA.
District Court of Colorado Adopts Meta-Film’s “Access Through an Intermediary” Test in Copyright Case
The decision is the first case in the Tenth Circuit to adopt the “access through an intermediary” test of the highly influential and widely-cited decision Meta-Film Assocs v. MCA.
Alan Dershowitz’s Libel Suit Against CNN Survives Motion to Dismiss
Judge Singhal's decision has potentially far-reaching implications for media organizations reporting on issues of public concern.
Donald Trump Tries to Hold Social Media Platforms Liable for Politicians’ Exercise of Soft Power
Trump’s complaints assert that the platforms were coerced into deplatforming Trump and others by Democratic lawmakers and other government officials, rendering the platforms’ decisions state action in violation of the First Amendment.
Court Dismisses Roy Moore’s Claims Against Sacha Baron Cohen Satire
Judge Cronan of the Southern District of New York granted summary judgment of defendants Sacha Baron Cohen, Showtime, and ViacomCBS, dismissing with prejudice the defamation, intentional infliction of emotional distress, and fraud claims brought against them by Roy and Kayla Moore. Moore v. Cohen.
Supreme Court Denies Cert Petition Asking Court to Overrule Public Figure Doctrine
For the media bar and defamation plaintiffs, Berisha’s implications reach beyond a single book and signify challenges ahead for the Court’s libel doctrine.
SCOTUS Strikes Down California’s Disclosure Requirement for Charitable Donors: Decision Lowers the Bar for Facial Challenges to Disclosure Laws
Justice Roberts held that California’s donor-disclosure requirement fails exacting scrutiny, and facially violates the First Amendment, because it is not narrowly tailored to California’s asserted interest in policing charitable misconduct.
Tips on Managing Content Risk for Small, Mid-Sized, and Non-Media Organizations
An overview intended to demystify the risk management process of these risks for small, mid-sized and non-media organizations.
DC Circuit Provides Expansive Interpretation of FOIA’s ‘Foreseeable Harm’ Standard
Although the foreseeable harm provision is more than five years old, the D.C. Circuit’s opinion in Reporters Committee v. Federal Bureau of Investigation is only the court’s second opportunity to address the standard, and it is the first time it has offered a robust description of what the provision requires.
“Cursing Cheerleader” Decision Leaves Unanswered Questions About Public Schools’ Authority Over Students’ Digital Free Speech Rights
The Court affirmed that a student’s suspension from her high school’s cheerleading squad for vulgar Snapchat postings made outside of school on a weekend violated the First Amendment.
Obfuscating Mercy: How The California Supreme Court Finally Addressed Secretive Pardons
The new rule rejects the governor’s decades-old practice of automatically sealing clemency files, but places the onus on the public to move for unsealing.