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September 2021

Eighth Circuit: Post-Complaint Hyperlink to Unchanged Story Constitutes a Republication, May Show Actual Malice

By Mike Nepple
A federal court partially reinstated Devin Nunes’s defamation lawsuit over an Esquire article, determining that some libel-by-implication claims were actionable, and that a post-publication tweet, after the reporter had received Nunes’s denial, could evidence actual malice.