MLRC Zoom Series
Legendary music journalist Jim DeRogatis began publishing accusations of R. Kelly’s sexual relationships with underage girls in 2000. Two years later, he broke the story of the incriminating sex tape that would lead to Kelly’s first court case.
With Margaret Sullivan, Washington Post; Dr. Courtney Radsch, Center for International Governance Innovation/UCLA Institute for Technology, Law and Policy; and Mike Masnick, Techdirt.
David Lat, author and legal commentator, and Will Creeley, Legal Director FIRE, will discuss recent controversies at Yale and UC Hastings Law School, and broader attitudes and problems with free speech on campus.
Looking at the 2020 election and ahead to 2024, Professor Hasen proposes a variety of legal and policy changes to stop fake news from drowning our democracy.
How has the media covered the war, and what have been the main challenges? What have been the effects of Putin’s clampdown on the press, and what can be done about it? What has been the role of digital platforms on the battlefield and in public opinion?
MLRC and an assemblage of its top First Amendment lawyers, under managing editor Lee Levine, have written a comprehensive White Paper in defense of the Court’s most important decision championing freedom of the press.
A discussion with Len Downie, former Editor of the Washington Post and author of a recent CPJ Report: “Night and Day”: The Biden administration and the press; and David Sanger, Chief Washington Correspondent, The New York Times.
Discussing the trial are three journalists who are closely following it: Erik Wemple, Washington Post; Robert Van Voris, Bloomberg News; and Reynolds Holding, Columbia Law School and former law editor at Reuters and ABC.
Professor Eric Goldman, Santa Clara University School of Law, joins us to discuss his forthcoming journal article, The Constitutionality of Mandating Editorial Transparency, on what the First Amendment has to say about this urgent issue.
An entertaining and slightly offbeat look at the most interesting media law matters of 2021, and prognostications as to the most significant developments in 2022.
The first significant prior restraint against The Times since the Pentagon Papers with Dana Green, inside counsel at The Times, and Lizzie Seidlin-Bernstein, Ballard Spahr.
Professor Noah Feldman is the author of over 10 books, the most recent is The Broken Constitution: Lincoln, Slavery and the Refounding of America, which argues that Lincoln effectively rewrote the Constitution, transforming it from a compromise document to a transcendent statement of the nation’s highest ideals.
From complaints over docudramas to libel-in-fiction claims, how should traditional libel defenses apply to streaming companies? Are streamers distributors or publishers? How should actual malice be assessed? Should Section 230 apply to video streaming companies?
A discussion with First Amendment lawyer Bob Corn-Revere about his forthcoming book The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor's Dilemma.
The Miami Herald’s award-winning reporter Julie K. Brown, author of “Perversion of Justice: The Jeffrey Epstein Story,” discusses the challenges she faced in her year’s long effort to report the truth about Jeffrey Epstein. Joined by outside counsel Christine Walz, Holland & Knight.
Following the Naomi Osaka controversy at the French Open, how will the relationship between athletes and journalists change? How will the Supreme Court's decision in NCAA v. Alston affect sports, and the balance of power between athletes, leagues and broadcasters? Will legalized sports gambling impact sports journalism?
A workshop on the application and underwriting process, key policy provisions to look for, effective claims reporting and handling, types of coverages needed and current hot topics.
This workshop will be structured as issue spotting around one or more hypotheticals, identifying reporting potential legal pitfalls, including defamation, privacy, newsgathering, right of publicity and agreements with sources.
We discuss open records (FOIA) and open meetings laws, access to courts and their participants (including gag orders), other access issues (such as access to private property, surveillance and drones), police issues (such as recording the police and responding to police demands on scene), phone recording and wiretap, promises of confidentiality to sources, lawful obtainment…
Is Gorsuch’s dissent wrong? How many other votes are there to overturn Sullivan? What might replace it? Should public figures have to meet the same high standard as public officials?
This workshop will provide an overview of U.S. and international data privacy and security laws, with a focus on advising companies on how to comply with a patchwork of emerging requirements, operationalize a privacy program, and prepare and respond to data security breaches.
This workshop covers what the plaintiff has to prove in a libel case, defenses that you might have under the First Amendment and common law, the differences in defending cases brought by public and private figures, and the effect of corrections, denials, implications of fact, and using anonymous sources.
New York Times reporters Aaron Krolik and Kashmir Hill discuss the ecosystem of gripe websites that seek to destroy reputations, then charge to fix them, and what happened after they posted “Aaron Krolik is a complete LOSER.” With Prof. Eugene Volokh and Adam Holland, manager of the Lumen database at Harvard's Berkman Klein Center.
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. Recent cases stemming from opinion shows hosted by partisans like Rachel Maddow, and on platforms such as Twitter, have seen the rhethorical hyperbole defense take on new prominence. Have these cases gone too far?
Republican lawmakers in at least 34 states have introduced bills that threaten the right to protest publicly, expanding liability and increasing penalties in connection with protest-related activity and/or immunizing those who take action against protesters from legal consequences. Can the First Amendment possibly allow such laws?
The case where a high school punished a cheerleader for her rants against the school on Snapchat, was recently argued in the Supreme Court. How did the argument go? Will the Tinker v. Des Moines precedent be retained? Can a public school punish students for off-campus speech? Can such a social media post be disruptive…
Ms. Strossen answers questions about hate speech, disinformation, content moderation, Sec. 230, Dr. Seuss, free speech on campus, and more. Strossen is Professor Emerita at New York Law School, was the first woman president of the ACLU (1991-2008), and is the author of “HATE: Why We Should Resist It with Free Speech, Not Censorship.”
Was there appropriate access to jury selection? Why was full television coverage authorized? Was it justified to ban the Daily Mail from the courtroom for running a prohibited tape? Is the 2-person press pool adequate and reasonable? What other issues are there in running and covering a high-visibility trial during the pandemic?
What are the pitfalls and best practices in vetting #MeToo accusations; how to preserve privacy and work with NDAs; defending libel claims when the alleged abuser or victim claims the other is a liar; are the standards the same for both alleged abusers and victims?; for the media that reports on it?
Does the Second Circuit’s decision denying the fair use defense bring clarity or confusion to copyright law? Is it time for “appropriation artists” to pay the piper? Is the transformative use doctrine on the wane? Do we see similar arguments under the rubric of substantial similarity? How will the decision effect derivative works?
Professor Franks, J.D., D.Phil., is an internationally recognized expert on the intersection of free speech, civil rights and technology. In 2013, she drafted the first model criminal statute on nonconsensual pornography, aka “revenge porn,” which has been used as a template for state laws and proposed federal legislation.
Should a comedian pay damages for telling an offensive joke? This is a question the Supreme Court of Canada will decide this year. What interests will the Court balance? How does the case compare to Hustler v. Falwell? Is the First Amendment out of step with international trends and norms?
Adam Liptak, Supreme Court correspondent of The New York Times, Chad Bowman, Ballard Spahr, and Kelli Sager, Davis Wright Tremaine discuss virtual court hearings, whether they will be retained after the pandemic, how the pandemic affected the judicial system, including changes at the Supreme Court.
Katie Townsend, RCFP, and David McCraw and Dana Green, New York Times, discuss newsgathering issues: how access was affected by the crisis, as well as privacy and ethical issues in reporting on COVID-related subjects.
David Lat, founder of Above the Law and Managing Director of legal recruiter Lateral Link, and Bill Hartnett, Executive Committee Chair of Cahill Gordon, discuss how lawyers fared in 2020, the future financial outlook, staffing plans, summer associate programs, and whether lawyers will work from home or the office once things return to normal.
Is Smartmatic’s $2.7 billion defamation suit against Fox News a threat to the press? Should it be dismissed under New York’s new anti-SLAPP law? How can the media avoid liability for reporting the lies of public officials? With Paul Clement, Kirkland & Ellis, lead counsel for Fox News in the case; and Michael Grynbaum, media…
Professor Mark Tushnet, William Nelson Cromwell Professor of Law, Emeritus, at Harvard Law School, discusses his recent essay "The Kids Are All Right: The Law of Free Expression and New Information Technologies." We discuss Prof. Tushnet's position that new technologies have not rendered the First Amendment obsolete and how our constitutional doctrine can adjust to…
Does the Boston Globe’s “Fresh Start” policy, which allows people to ask the newspaper to takedown coverage of them, herald a new attitude toward online content? What led to this and similar new policies? How are they implemented? Will voluntary takedowns have any legal impact? With Jason Tuohey, Boston Globe, Managing Editor - Digital; Dan…
Did Trump’s Jan. 6th speech amount to incitement under Brandenburg? Are his surrounding lies about the election relevant? Can Trump be criminally prosecuted? What would be the impact on social activism and other protests? With Professor Eugene Volokh, UCLA Law School; Suzanne Nossel, PEN America; and Lee Rowland, New York Civil Liberties Union.
A day before Biden's Inauguration, a timely review of the vetting of political ads during the ’20 campaign season (including Georgia ’21). What is the law regarding the running of political ads? What are the practical considerations as lawyers vet them? Do different media – and different companies – have varying acceptance standards? And we…
Following the armed assault on the U.S. Capitol, tech companies moved to block incitement of further violence, including bans of Donald Trump from Facebook and Twitter and a decision by Amazon to cease providing web services to "free speech" social media site Parler. Were these the right moves, and do they imply anything for content…
Professor Sunstein discusses his forthcoming book: Liars: Falsehoods and Free Speech in an Age of Deception. Should false speech have any protections? What role should defamation law play? Who decides what is true? Professor Sunstein is the Robert Walmsley University Professor at Harvard Law School and a leading expert on constitutional law, administrative law, and…
A discussion of this week’s Julian Assange extradition ruling. What did the over 100 page opinion really say? While it denied extradition on mental health grounds, was it good or bad with respect to press freedom/national security issues? What is likely to happen on appeal? Will the case play out differently in a Biden Administration?…
A discussion with Len Downie about his new book “All About the Story: News, Power, Politics and the Washington Post.” Downie worked at the Post for nearly 50 years, succeeding Ben Bradlee as Executive Editor. He was an editor of the Watergate story, and led the paper through the Clinton impeachment, the Unabomber threats and…
A discussion of where the Trump administration will leave issues in digital media law and what President-Elect Biden is likely to do with what is left behind. We discuss government regulation of tech, what will happen with key lawsuits brought against the president, and whether certain issues are unique to this administration or will continue…
A special hour with Bob Woodward, associate editor at The Washington Post, where he has reported on every American president from Nixon to Trump. Our discussion focuses on his latest book “Rage,” based on 17 interviews with Trump, and more broadly on the relationship between presidents and the press, and the state of investigative reporting…
Stanford Law School professor, former 10th Circuit Judge and potential nominee to the Supreme Court during the Bush Administration. Subjects include Covid restrictions and the First Amendment; the constitutionality of self-pardons; Facebook’s new policy court; and his new book "The President Who Would Not Be King."
Q&A with Emily Bazelon, New York Times Magazine staff writer, co-host of Slate’s Political Gabfest, and Truman Capote Fellow for Creative Writing and Law at Yale Law School. Emily’s recent NYT magazine article, The First Amendment in the Age of Disinformation, explores the legal, political, and journalistic issues surrounding “fake news” and the impact on…
A conversation with Lawrence Altman, M.D., who has been a New York Times science/medical reporter since 1969, and Josh Dawsey, a Washington Post reporter covering the White House. Dr. Altman has reported on the health of presidents and presidential candidates from the 1972 McGovern/Thomas Eagleton campaign through the Reagan Presidency and into the present day.…
Three-time Pulitzer Prize winner Barton Gellman discusses his new book "Dark Mirror," a gripping account of receiving and publishing information from Edward Snowden on the post 9/11 secret surveillance state. Why did Snowden leak to Gellman? Could Snowden be trusted? Did the government try to stop publication? James McLaughlin, who worked alongside Gellman as the…
The prolific author and scholar discusses the role of the First Amendment in the cancel culture debate. What is the debate about? Are free speech values being helped or harmed? What role should First Amendment lawyers play? What lessons can we learn from the history of legal suppression of offensive speech?
Jonathan Peters, a professor at Univ. of Georgia’s Law and Journalism Schools and correspondent for Columbia Journalism Review, interviews three plaintiffs’ libel lawyers.
The award winning historian Harold Holzer discusses his new book surveying the history of battles between Presidents and the media – from the days of the Founding Fathers to Trump. Are Trump’s threats and bombast unique? Is tension between the President and the press inevitable? How has technology changed the relationship?
Using a recent legal demand over CBS' "The Good Fight" as a jumping-off point, this session will explore the various ways that real people can find their way into literature and entertainment content and the plausibility of libel claims when those fictional appearances aren't to their liking. Featuring: Jonathan Anschell, Executive Vice President and General…
Featuring Donald G. McNeil Jr., leading New York Times Science and Health reporter, who has long reported on epidemics and is an expert on the Coronavirus. Where did it derive from? Why is the U.S. so bad at containing its spread? When can we expect a vaccine? How and when will schools, businesses, leisure activities…
A discussion with legal analyst and author Joan Biskupic on a recent series for CNN exploring how justices on the Roberts court asserted their interests, forged coalitions and navigated political pressure and the coronavirus pandemic.
How favorable ROP and Anti-SLAPP bills were passed by the NY legislature, what they say, how they compare to similar bills nationally, and what media lawyers in other states can learn from the Albany process.