Zoom Series
International Committee: An International Anti-SLAPP Update, with David Hooper
David has extensively updated Buying Silence: How oligarchs, corporations and plutocrats use the law to gag their critics, now out in paperback. In this hour long call, we’ll discuss the present Anti-SLAPP status in the UK, the continuing use of SLAPPs and proposals for reform.
Diverse Voices Committee: Overcoming Imposter Syndrome in the New Era of “Meritocracy”
The Diverse Voices Committee invites you to join us for a discussion on facing and overcoming imposter syndrome, particularly in today’s political climate.
Libel 101
The first workshop in our 101 series will cover the basics of defamation law and privacy.
Litigation & Newsgathering Committees Joint Program: “Gags” on Federal Employees
With Frank LoMonte of CNN; Caroline Hendrie of SPJ; Jennifer Borg of the Yale First Amendment legal clinic; and Heather Murray of the Cornell First Amendment legal clinic.
Insurance 201
The MLRC Insurance Committee takes a deep dive into the thornier and more difficult issues of insurance in the media context.
Employment Law Committee: The Pregnant Workers’ Fairness Act: What to Expect When Your Employee is Expecting
This presentation will provide a comprehensive overview of the Pregnant Workers Fairness Act, highlighting its broad legal protections for pregnant employees and employees dealing with pregnancy-related conditions.
Media Deals 201: Podcast Dealmaking
Please join the Media Deals committee for an advanced session that will dive into podcast dealmaking.
The DOJ Guidelines Are Gone: Preparing for Leak Investigations
Join the MLRC Criminal Law Committee to discuss preparing newsrooms for the leak investigations that may come next.
NextGen Docudrama Vetting Clinic
An interactive clinic walking through a vetting exercise for a hypothetical docudrama episode, dealing with potential defamation, right-of-publicity, privacy, and other issues
Palin v. New York Times Decided
Court reporters share their hot takes on today's jury verdict clearing the newspaper; and their observations on the parties, judge, and jury. With Bill Grueskin (Columbia Journalism School) and Larry Neumeister (Associated Press).
Full Court Press: A Conversation with David Denenberg on Media Rights and Distribution
Sports and Media Deals Committees host an exclusive joint webinar featuring David Denenberg, Senior Vice President of Media Distribution and Business Affairs at the NBA. With decades of experience navigating the complex landscape of media rights, distribution strategy, and high-stakes negotiations, David shares insights into the evolving world of sports media deals, emerging trends, and…
Energy Transfer v. Greenpeace: The First Amendment on Trial in North Dakota. Plus an Update on MLRC’s New Report on Media Trials & Damages
With New York Times reporter Karen Zraick, who covered the trial in Mandan, North Dakota; Greenpeace International General Counsel Kristin Casper; and Laura Handman, Davis Wright Tremaine
Litigation Committee Meeting: Donald Trump as Defamation Defendant
Tom Hentoff of Williams & Connolly, author of the Media Law and Copyright Notes blog, walks us through the President’s defenses in libel cases from the Central Park Five to E. Jean Carroll and Stormy Daniels.
Anti-SLAPP Committee Meeting
With: Jay Adkisson, Forbes contributor and UPEPA Enactment committee member; Rachel Fugate, Shullman Fugate partner; Isaac Zaur of Clarick Gueron Reisbaum LLP and Meghan Spillane of Goodwin; & Jacquelyn Schell, Ballard Spahr partner
Practical Considerations for Pre-Pub in the New Administration
The Pre-Pub / Pre-Broadcast Committee will host a timely discussion on practical considerations for pre-pub in reporting amidst the new government administration.
MLRC Insurance Committee’s 2025 Kick-Off
The recent MLRC Entertainment Conference; new trends & developments in insurance in 2025; impact of the Greenpeace defamation verdict on the insurability of other public interest organizations; latest COVID-19 business interruption decision; insurance questions & issues from committee members; plans & suggestions for the committee for the remainder of 2025.
Punishing Speech the Government Doesn’t Like and Retaliating Against Law Firms: Trump’s Latest Attack on the Rule of Law
With Jelani Cobb, Dean, Columbia Journalism School; Prof. Steve Vladeck, Georgetown Law School; David Lat, legal journalist and publisher of Original Jurisdiction.
Data Privacy Presentation: Overview of US Law on Restricted Transfers of Sensitive Data
In April, a new DOJ rule will restrict transfers of bulk U.S. “sensitive data” to certain “countries of concern,” including China. Marci Rozen (ZwillGen) will examine potential impact of the rule on media companies, including restrictions on using certain pixels & other online advertising technology & newly-required diligence processes for vendor & advertising partner relationships.
Advertising & Commercial Speech Committee Meeting: Editorial v. Commercial — Where’s the Line and How Do You Navigate It?
A discussion on navigating the line between editorial and commercial speech, especially at a time when media companies are under pressure to support (and sometimes push the boundaries for) business and revenue objectives.
Navigating Immigration Changes / Impact of Immigration-Related Executive Orders on Media Employers
Join the Employment Law Committee & Diverse Voices Committee for a timely discussion on the potential impact of recent presidential executive orders addressing immigration on media organizations.
Newsgathering Committee Meeting: Controlling White House Press Pool Access – Escalating Tensions
A very timely discussion with guests including Guardian US columnist Margaret Sullivan, legal scholar Eugene Volokh, and Chuck Tobin, Partner, Ballard Spahr LLP. Moderated by Newsgathering Committee Co-chair Mickey H. Osterreicher.
Trump’s Consumer Protection Claims Against the Press
Are these just doomed end-runs around defamation law intended to harass the media, or could these claims have teeth (especially when Trump cherry-picks the judges)? How can the press prepare for similar claims in the future? With Robert Corn-Revere, FIRE; Prof. Clay Calvert, University of Florida.
Media Deals Committee Meeting
Please join us at 9am PT/noon ET on Monday February 24th to welcome our incoming co-chairs, Kristel Tupja and Alex Robbins, and to discuss planning for 2025.
Criminal Law Committee: Mind Your Digital Footprint / Best Practices in Digital Security for Journalists
What journalists need to know about their digital security amid increased threats of subpoenas & seizures of their newsgathering information; the pros & cons of different platforms & apps, settings to watch, & how to know if data has truly been deleted.; & strategies for communications with confidential sources & accessing hacked materials.
Sex, Lies, & Lawsuits: The Blake Lively, Justin Baldoni Cases
With Dominic Patten, Executive Editor, Legal, Labor & Politics at Deadline Hollywood; and Dan Novack, Associate General Counsel, Penguin Random House.
Anti-SLAPP Committee Meeting
Matt Schafer on the petition filed by Steve Wynn; Eric Weslander on his pending puppy mill case under the Kansas anti-SLAPP law; Tanvi Valsangikar on Bobulinsk v. Tarlov; Greg Leslie on “fake electors” case; & Laura Prather on Texas Anti-SLAPP fight.
Internet & Technology Law Committee and Media Copyright and Trademark Committee: AI Copyright Litigation — The Latest Developments
A timely discussion on the rapidly evolving landscape of AI copyright litigation.
Sports Committee Meeting
A conversation led by Prof. Jodi Balsam of Brooklyn Law School regarding how the new presidential administration will affect the sports industry.
Executive Orders, TikTok and the First Amendment
We’ll talk about the Supreme Court’s TikTok decision, the legality of the surrounding executive orders, and how they balance or conflict with actions by the Congress and the Courts.
Employment Committee Meeting
Please join the Employment Committee for our first meeting of 2025. We look forward to meeting our new members, catching up with old members and discussing ideas for programming, partnerships, and topics for the coming year. We look forward to seeing you!
Arbitration 101: Things to Know When Including and Drafting Arbitration Clauses
We will be welcoming Mikaël Schinazi, an international arbitration lawyer at Jones Day, based in the Paris office. A member of the New York and Paris bars, Mikaël advises and represents companies, sovereign States, and State-owned entities in high-stakes international disputes.
Diverse Voices Committee: First Meeting of 2025
In this session, we will do a quick overview of Diverse Voices’ last year of growth, and then pivot to a discussion on potential programming for the year ahead, opportunities for member involvement, and ideas for partnerships and collaboration with other committees.
Entertainment Law & Copyright Trademark Joint Committee Panel: Copyrighted Content in the Background
How have courts addressed claims challenging copyright-protected material that is visible in the background of a film or television program? What about claims involving copyright-protected music that can be heard in the background of a documentary film?
The Federal Communications Commission Under Brendan Carr
What can we actually expect when Carr takes over? With Kathleen A. Kirby, Partner, Wiley Rein; Mark J. Prak, Partner, Brooks, Pierce, McLendon, Humphrey & Leonard.
Burying the Hatchet with Trump
Some media organizations have taken steps to reconcile with Trump before his inauguration, whether to avoid the costs of dissent or to preserve the ability to conduct journalism in a hostile environment. But is appeasement a necessary evil or a dire mistake?
International Committee Meeting: Cross-Border Vetting
The International Committee will reprise its annual lively and informative discussion of global pre-publication review. Co-chairs Katharine Larsen of Reuters News and Pia Sarma of News UK will host with discussion to feature Anshika Misra of AZB & Partners (Mumbai) looking at recent developments in India.
Insurance Committee Meeting & Virtual Holiday Party
"Newsrooms are playing Russian Roulette with Libel Insurance;" Safety issues in the wake of the United Healthcare CEO murder; 2024 Developments; Insurance concerns & conditions; 2025 Predictions; How year end & first of the year renewals are going; How payment of year end law firm bills is going; Committee plans & suggestions.
An Interview with Connie Chung
Connie Chung was a trailblazing news anchor, the first woman to co-anchor the CBS Evening News and the first Asian to anchor any news program in the US. We'll discuss the sexism she faced in her various network newsrooms, the scoops and stories she reported on, and her views of the journalistic environment today.
Anti-SLAPP Committee Meeting
The MLRC Anti-SLAPP Committee's last meeting of the year. With guest speakers: Steve Zansberg of Zansberg Beylkin; Emmy Parsons of Ballard Spahr; Jeff Nye of SSP Law; and Mara Gassmann of the RCFP.
Consumer Reviews & Testimonials; “Click to Cancel” & California’s Amended Automatic Renewal Law
Analysis of the FTC’s Final Rule on Consumer Reviews & Testimonials, led by Katherine Surprenant of Klaris Law. Plus an overview by Terri Seligman & Kate Patton of Frankfurt Kurnit Klein + Selz of the FTC’s “Click to Cancel” Rule & California’s amended Automatic Renewal Law, including their practical implications & key takeaways for compliance.
Participatory Zoom Roundtable: How to Evaluate, Prepare and Respond to Trump’s Likely Attacks on the Media
An open working session among members to evaluate various actions Trump is likely to take against the media & to undermine freedoms of speech & press, & possible steps lawyers might take now & down the line to rebuff such attacks. Opening comments: Sewell Chan (Columbia Journalism Review) & Emily Bazelon (New York Times Magazine).
Look Back, Look Ahead with the Employment Committee
We catch up with one another and discuss key employment law developments from 2024 such as non-compete agreement challenges and where things currently stand and the influence of federal agencies in shaping employment law after the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, and what may be on the horizon for 2025.
Virginia Conference Planning Call
MLRC members contributed thoughts and suggestions for sessions at the upcoming 2025 Media Law Conference in Virginia.
Litigation Committee Meeting: Actual Malice Practice Guide Preview
All MLRC members are invited to this exciting preview of the update to MLRC’s Actual Malice Guide. Vedder Price lawyers Blaine Kimrey and Bryan Clark will preview the updated guide, an essential litigation tool, which will be released soon.
Insurance Committee Meeting
Topics to include: Paul Gladder and the closing of the Vett News CX product; impact of recent elections on federal funding for public TV and radio; availability of media liability insurance coverage for claims insurance of disinformation; and more.
International Committee Meeting: Keeping Journalists Safe — Lessons from Standing with Evan
Join committee co-chair Katharine Larsen in conversation with Jake Goldstein and Craig Linder, the in-house lawyers at Dow Jones who handled the Evan Gershkovich illegal detention and dramatic release, as they focus on the crucial issue of safety of journalists.
Tackling Disinformation in Elections and Synthetic Data
Ginny Badanes (Microsoft Democracy Forward) & Jenni Katzman, (Microsoft US Govt. Affairs) discuss work Microsoft & the tech sector have undertaken to drive awareness of deepfakes & influence campaigns, align commitments for responsible AI use in elections, & develop standards that allow digital consumers to track & authenticate online content as synthetic data generation increases.
Sports Committee Meeting
Turner Broadcasting/Warner Bros. Discovery’s lawsuit for breach of contract against the NBA for failure to adhere to the Right of First Refusal clause in the parties’ media rights agreement; & MLB Players Inc.’s lawsuits against sports betting companies regarding the improper usage of MLB players’ name, image, & likeness rights to promote online sportsbooks.
Insurance Committee Meeting
Baby Reindeer case; Video sync claims; Defamation or Intellectual Property claims regarding political content; New trends and developments in insurance so far in 2024; Insurance Committee plans and committee member suggestions for the remainder of 2024.
The New Legislative Model Designed to Limit Recording Police
The Diverse Voices, Criminal Law, and Newsgathering Committees discuss the new template for legislation states are using to pass laws designed to limit the ability to record police in public. With Grayson Clary (RCFP), Alanah Odoms (ACLU of Louisiana), & Mickey Osterreicher (NPPA).
How Roberts Shaped Trump’s Supreme Court Winning Streak
A discussion with New York Times reporter Adam Liptak about about how Chief Justice Roberts led the Court to the pro-Trump decision on presidential immunity and other cases.
Employment Law Committee Meeting
A roundtable discussion on thorny labor law related topics led by Kai Falkenberg, General Counsel at The Guardian US.
Internet & Tech Law Committee Meeting: Balancing the Risk of Disinformation
Barbara McQuade, University of Michigan Law School professor, MSNBC legal analyst, and former U.S. attorney for the Eastern District of Michigan will join us to discuss the proliferation of misinformation and disinformation and how to weigh the challenges and possible strategies for balancing the concerns of regulating the internet.
Next Gen General Body Meeting
On the Agenda: 2024 survey results; our priorities moving into 2025; and future events including upcoming panels and social events!
Media Copyright & Trademark Committee Meeting: Hachette v Internet Archive
The 2nd Circuit’s recent decision in Hachette Book Group, Inc. et al. v. Internet Archive affirmed the grant of summary judgment to 4 book publishers in their infringement suit against the Internet Archive concerning its “Free Digital Library” program. What does it mean for the fair use doctrine, AI, & copyright law in general?
Section 230 in the Courts of Appeals: Is the Tide Turning?
Are attacks on Section 230 in Congress & the Supreme Court being superseded by the Courts of Appeals changing course on their own? How do these decisions fit with recent rulings involving upholding the 1st Amendment rights of social media platforms? With Prof. Eric Goldman (Santa Clara University School of Law).
AI and Political Advertising | Advertising & Legislative Affairs Committees
Lauren Feiner, senior policy reporter (The Verge), Larry Huynh, President (American Association of Political Consultants), & Kate Belinski, partner (Ballard Spahr LLP) discuss AI in political advertising, including deepfakes & the threat to elections, how campaigns are thinking about AI, & efforts by states to regulate the use & disclosure of AI in advertising.
Scholars Hour with Professor Jonathan Turley
Turley is the author of the new book “The Indispensable Right: Free Speech in an Age of Rage” (Simon & Schuster) which surveys the history of speech suppression and argues that the government’s response to “rage rhetoric” poses the ultimate stress test for a system premised on free speech.
MLRC California Chapter August Meeting
Can you SLAPP an idea theft claim? And can you really get sued for reproducing a centuries-old work of art in your own creative work? Join the MLRC California Chapter to discuss these two hot questions.
Republican & Democratic National Conventions: Election Access & Security Concerns (Part 2)
In part 2, State Legislative Affairs and Criminal Law committees will recap access to the RNC, look ahead to the DNC kicking off in Chicago on August 19, including the CPD's latest plans to handle protestors & journalists, & invite discussion on access concerns heading into the November elections.
Anti-SLAPP Laws in Pennsylvania, Minnesota & Maine
On the agenda: reports on the recently enacted anti-SLAPP laws in Pennsylvania, Minnesota and Maine. All are welcome!
Pre-Pub / Pre-Broadcast Committee Panel: AI in the Newsroom
How newsrooms are utilizing AI right now; Possible benefits of this innovation as well as causes for concern; How newsrooms can best educate themselves about AI tools; Navigating how to disclose AI usage to the public; & how to protect journalism from outside use of AI—i.e., deepfakes, scraping, etc.
How Has the Media Covered the Campaign So Far
Last month contained more fast-breaking news than any month in recent memory. How did the media do in covering all the events, from the assassination attempt to Pres. Biden’s announcement that he was not running?
Tech Law 101
Tech Law 101 will provide a broad overview of the hottest issues right now in technology law, covering three topics: The Communications Decency Act (“CDA”) Section 230; regulation & litigation surrounding content moderation; & generative AI.
Media Law 101: Entertainment
This presentation covers basic but important issues to be aware of in the entertainment law world, including issues relating to the use of materials subject to copyright and trademarks, the risks involving references to real people and things, how best to use and rely upon releases and disclaimers, and more.
Media Law 101: Newsgathering
New to newsgathering or need a refresher? This seminar addresses best practices for gathering news in public and private spaces. The presentation will touch on issues presented when working with confidential sources, reporting on social media, recording audio and video and much more!
Sports Committee Inaugural Meeting: Paris Olympics
Committee co-chairs Christopher Chase and Steve Smith lead a discussion about Rules 40 and 50 of the Olympic Charter (which govern sponsor’s references to “Olympic-related terms” and athletes’ rights to free expression); handling legal disputes at the Games; and U.S. arbitrations over making the team. Guest speaker: Bob Latham of Jackson Walker.
Movement Journalism
A discussion on legal and ethical concerns related to movement journalism, led by Diverse Voices committee member Samantha Hamilton.
Media Law 101: Pre-Publication / Pre-Broadcast
A rollicking introduction to the pitfalls and joys of getting everything from investigations to celebrity news out into the world in a time of eye-popping judgments. Aimed at summer associates, junior associates, or anyone looking for a bird's eye view of our practices. We have a vetting hypothetical that will help guide our discussions.
Republican & Democratic National Conventions: Election Access & Security Concerns (Part 1)
Join the State Legislative Affairs and Criminal Law Committees for part one of a two-part series on access and security concerns ahead of the conventions.
Supreme Court Year in Review: From Blockbuster Decisions to Upside Down Flags
All-Star Supreme Court reporters Joan Biskupic, CNN, and Adam Liptak, New York Times, will discuss the Term’s big cases, the ongoing ethics controversies, dynamics between the Justices, public perceptions of the Court, and more.
Media Law 101: Copyright
What is copyright, what is copyrightable, and how is a copyright obtained? Rights and remedies; exceptions and limitations; fair use; and copyright on the internet.
Anti-SLAPP Committee Meeting
Dr. Chelsea B. Polis and her attorney Dori Hanswirth on a SLAPP suit filed against Dr. Polis in retaliation for her publicly identifying false data claims by a tech company offering birth control products; and Matt Schafer, Laura Prather and Bruce Rosen on recent SLAPP victories. All are welcome!
Public Life, Queerness, and Freedom of Speech
Attempts to regulate public displays of queerness have been on the rise throughout the country, including in the form of drag bans on university campuses, anti-LGBTQ+ local ordinances, and state legislation. Our guests will explore recent developments, historical context, and First Amendment implications of these laws and regulations.
Media Law 101: Libel
A special series of Zoom calls focused on teaching the fundamentals of media law. This one-hour session is aimed at summer associates, junior associates and even veteran attorneys who are interested in learning the basics of libel law.
Diss Tracks & Defamation: Diverse Voices & Entertainment Committees Joint Meeting
Kendrick Lamar and Drake recently released rapid fire diss tracks that became increasingly serious, including allegations of domestic violence, pedophilia, & secret children. Though unlikely, a defamation suit isn’t out of the question. Adam Rich covers the hurdles these two public figures may face if they decide to take their battle to the courtroom.
TikTok, National Security & the First Amendment
Is banning TikTok obviously unconstitutional? Do national security concerns justify a ban? Is TikTok’s algorithm dangerous? Will Congress regulate other platforms? What rights do TikTok users have?
Newsgathering 201
Are you a working practitioner who wants a more in-depth dive into newsgathering issues? Join the Newsgathering Committee & Kristi Ramsay (Senior Counsel, CNN) to cover hypotheticals involving ethical & legal issues that journalists face & how counsel may advise them.
Advertising & Commercial Speech: Influencer Marketing
The importance of crafting contracts with influencers; main deal points in those transactions; & material legal, business, & regulatory issues surrounding influencer marketing. Topics include compensation, IP, contracting with SAG-AFTRA talent, & various regulatory issues. After attending this practical, nuts-and-bolts session, you’ll be better prepared to issue spot & draft & negotiate influencer agreements.
Media Deals 201: First Look Deals – Dos & Don’t
What do you need to think about? What content is covered? How does the first look operate? When does the first look need to be exercised by? Are there set terms if the project gets made? What happens if the “buyer” passes? Plus other key things to consider when negotiating first look deals.
Libel 201
Advanced topics facing practitioners, which may include: prepublication review challenges; important libel privileges, including fair report & common interest; neutral reportage, especially in the wake of the Dominion decision & other recent cases; libel deposition goals & strategy; & strategies for dealing with various litigation challenges, such as anonymous sources & editors notes or retractions.
Protecting Your Content Outside the US: Copyright and AI / ML
A panel of international intellectual property experts discuss basic rules, strategy, & practical tips with a focus on the use of copyrighted content in machine learning & AI model training. Special time to accommodate speakers in Asia, Europe, US & Canada, including Ayako Suga in Tokyo, Massimo Sterpi in Rome & Jim Holloway in Toronto.
Campus Protests, Hate Speech & the First Amendment
Anti-Israel protests around the country & police crackdowns on protestors have college & university officials struggling to reconcile free speech, academic freedom, civility, & safety. How should this balance be struck? Should hate speech be protected or punished? Are crackdowns on campus protests censorship? Should private universities not allow disturbing speech even though it's legal?
DEI Issues in the Workplace Law Firms & Media Companies Should be Aware of
How law firm & workplace DEI programs may be impacted in the wake of the 2023 SCOTUS affirmative action decision in SFFA v. Harvard & UNC. The Diverse Voices Committee hosts a discussion reviewing recent caselaw & analyzing how employers can achieve DEI goals while mitigating against the risk of potential legal challenges.
Cameras-in-the-Courts: Will TV Coverage be Allowed in the Trump Trials and in New York?
This year marks the 30th anniversary of the OJ Simpson murder trial, the grand-daddy of all televised trials, and one which had a great influence on camera legislation going forward. Speakers: Kelli Sager of DWT; Chad Bowman of Ballard Spahr; Dan Novack of Penguin Random House; and Leita Walker of Ballard Spahr.
Inside the Effort to Free Evan Gershkovich
The Wall Street Journal, Biden Administration, & international partners have been working to free him. What is the current state of those efforts? And what do we know about private and public diplomatic efforts? Plus an update on the arrest of RFE/RL Journalist Alsu Kurmasheva & Russia’s campaign of reprisal against journalists.
Anti-SLAPP Committee Call
Current views of anti-slapp laws from a legislative & judicial perspective: Kaitlin Wolff (ULC) on successes & failures in enacting UPEPA, Robb Harvey (Holland & Knight) on a recent effort to gut the Tennessee anti-SLAPP law, & Dana McElroy (Thomas & LoCicero) on statehouse & courthouse efforts to neuter the Florida anti-slapp law.
Why Do Deals Take So Long to Close?
(Or a therapy session) about closing deals, what holds deals up, what’s efficient, and how what we can do as an industry to improve the negotiation process. Join the Media Deals Committee for a lightning chat with panelist Ben Davis, Partner at WME.
Recent Activities of the National Labor Relations Board (NRLB)
The NLRB is the U.S. federal agency tasked with safeguarding employees’ rights in the context of both union and non-union private workplaces. Join for a discussion on what in the world has been going on with the NLRB and the potential impact of its recent decisions on both unionized and non-unionized employers alike.
Insurance Committee Meeting
Media liability insurance for authors & freelancers; insurers' invasion of the litigation funding industry & its implications for media & entertainment companies; has the media defense community lost talent to the plaintiffs side as libel & related suits have become more frequent & lucrative?; new insurance trends & developments; & more.
California Chapter Quarterly Meeting: AI, Deepfakes, & the 1st Amendment
The publicity and copyright implications of various nascent AI technologies are a hot topic, especially as they interact with the First Amendment. Danielle Van Lier (SAG-AFTRA) and Corynne McSherry (EFF) will discuss recent developments concerning AI, digital avatars, deepfakes, and related legislative reforms. Zoom link will be provided with registration.
Q&A with Editor and Author Ben Smith
His recent book, Traffic, chronicles the rise and fall of Gawker and BuzzFeed as a lens into the impact of digital social networks on journalism and the political process. Ben will discuss his book, the media business landscape, media coverage of politics and more.
Impact of Generative AI on Media and Advertising Law
A discussion covering recent developments in generative AI technology and how it is being used within the media and advertising ecosystem; intellectual property and advertising law considerations, including copyright, right of publicity, and false advertising concerns; and contractual provisions to consider when negotiating agreements with clients, partners, and vendors that implicate generative AI technologies.
Entertainment Law Committee Meeting
We are eager to be returning to our traditional format of monthly meetings to discuss notable decisions and developments in the entertainment law space. We welcome volunteers to present on any development you’d like to share with the group.
Media Deals Committee Meeting
A forum on the interaction between deal-making and documentary production.
The Supreme Court Hears NetChoice
Counsel for amici will review Monday’s oral arguments in NetChoice v. Paxton and Moody v. NetChoice, the blockbuster social media cases over state attempts to restrict platforms’ content moderation practices. We’ll discuss how the various amici see the arguments and what if anything we can glean about the justices’ respective positions.
The PRESS Act: What’s In It, and Will It Finally Pass?
A Federal Shield Law is on the verge of being passed by Congress. What are its terms, and how effectively will it protect journalists? What are the legislative hurdles it faces, and what are the chances of success? After almost 20 years of trying, will we finally get a federally enacted reporters’ privilege?
Two Crazy Defamation Trials: How High Can Punitive Damages Verdicts Go?
A jury awarded $5M in compensatory damages & $20M in punitives against The Oklahoman. In the Michael Mann libel case, a jury awarded $1 in compensatory damages against each of two writers, then awarded $1M in punitives to plaintiff & against one of the writers. Are punitives more than one million times compensatories defensible?
The Search Warrant Response “Playbook”
In the wake of recent law enforcement raids on the Marion County Record and the home of freelance journalist Brian Carmody, please join the MLRC Criminal Law Committee for a discussion on how to respond when news clients are served with a search warrant.
International Anti-SLAPP Developments
Please join us for a special 90 minute joint meeting of the MLRC International and anti-SLAPP committees on international anti-SLAPP developments.
Data Privacy: Tips Following a Data Breach to Best Position Yourself in the Event of Litigation
Presenters talk through a few decisions that are either expedited or overlooked during the chaos that follows a data incident, and the need to thoughtfully consider the impact of those decisions based on the effect they could have on ensuing litigation.
Litigation/Internet & Technology: Large Litigation Models? A Discussion of Generative AI Issues
The status of litigations over the unauthorized use of content to train generative AI models; the copyrightability of the output of generative AI tools and potential right of publicity issues arising from those outputs; & the use of generative AI by lawyers in litigation and rules and guidance from the courts.
State Legislative Committee Meeting
Committee chair Brian Spahn updates the Committee on legislative updates in Wisconsin regarding proposed anti-SLAPP legislation as well as developments in the state’s public records law. We will use the balance of the time to brainstorm topics that members hope to address at upcoming meetings as well as hear from any of you who would…
“State of Silence: The Espionage Act and the Rise of America’s Secrecy Regime”
A discussion with Sam Lebovic, author of the new above-titled book and a professor at George Mason University, and Amy Davidson Sorkin, a staff writer at The New Yorker who wrote a recent article there about the Espionage Act.
Free Speech on Campus
The recent rash of demonstrations and hate speech arising from the Israel-Hamas war has left college and university administrations struggling to reconcile free speech and academic freedom with maintaining civility on campus and freedom from harassment. How should this balance be struck? Is the only choice to censor or not to censor, or are there…
SAG-AFTRA Lightning Round Part 3: What the Actors Won (and Didn’t Get)
The WGA & SAG-AFTRA strikes are over! Jonathan Handel, Puck contributor, Senior Counsel at Feig/Finkel & preeminent expert on Hollywood unions and guilds, joins for a 3rd lightening round on what the actors won (and didn’t get), which changes most impact studios/platforms (and the lawyers representing them/drafting their deals), and where things landed on AI.
Brian Stelter’s New Book “Network of Lies,” and Dominion v. Fox
Brian Stelter, former media correspondent of CNN and the New York Times talks about his book "Network of Lies: The Epic Saga of Fox News, Donald Trump, and the Battle of American Democracy." We discuss primarily the Dominion v. Fox chapters. Megan Meier (Meier Watkins Phillips Pusch), who represented Dominion, joins us as well.
Insurance Committee Fifth Annual Virtual Holiday Party
Bring your own holiday cheer and treats to enjoy at our Virtual Holiday Party. The meeting includes an update on the Metaverse (has it been overshadowed by AI and ChatGPT?) as well as open discussion of important decisions and developments in insurance coverage law in 2023, predictions on what 2024 will bring, and more!
Cross-Border Vetting
The International Committee reprises its annual lively and informative discussion of global pre-publication review. Co-chairs Katharine Larsen of Thomson Reuters and Pia Sarma of News UK host discussion with Bloomberg’s Katie Graham among others.
A Holiday Gathering and Forecast for 2024: The Top 10 Probable Internet and Technology Issues in the Coming Year
The Internet and Technology Committee hosts its informal holiday gathering. Together, we cast our gaze on the future, including a discussion of the most likely internet and tech headlines coming in 2024.
10 Issues That Keep Employment Lawyers Up at Night 2023-24 Edition
The Employment Committee informally discusses "10 Issues that Keep Employment Lawyers Up at Night," reflects on 2023 and the Committee’s programming, and discusses what the Committee hopes to do in 2024, with member feedback and participation
Anti-SLAPP Committee Meeting
We’re focusing on potential anti-SLAPP legislation in 4 states: Arizona (Gregg Leslie, ASU Law School's First Amendment Clinic), Mississippi (Andrew Coffman, Phelps Dunbar), Wisconsin (Brian Spahn, Godfrey & Kahn) and Vermont (Matt Byrne, Gravel & Shea).
Ethical Standards for Visual Journalism and Documentary Photography in an Age of AI & Misinformation
Journalists and news organizations struggle to keep up with the exponential increase in technological advancements during a war of dueling narratives. This is a very timely discussion about ethical standards for visual journalism and documentary photography in an age of AI & misinformation. With Fred Ritchin and Brian Palmer. Moderator: Mickey Osterreicher.
The Cancelling of the American Mind
A discussion with Greg Lukianoff, president of the Foundation for Individual Rights and Expression (FIRE), and Aaron Terr, FIRE’s Director of Public Advocacy, about Greg’s new book The Canceling of the American Mind: Cancel Culture Undermines Trust and Threatens Us All—But There Is a Solution.
Marty Baron on Journalism, Ethics and his Career
A discussion with the former editor of the Washington Post, Boston Globe and Miami Herald, about his recently published book Collision of Power: Trump, Bezos and the Washington Post.
Insurance Committee Meeting
Chad Milton, Media Risk LLC will speak about his work on a legal defense fund for global investigative news organizations. Mike Hiestand, Student Press Law Center will brief us about his recent work with the growing number of college-based community reporting projects where college student journalists are taking on roles vacated by traditional media.
Pre-publication policies & practices with a Diversity, Equity, and Inclusion (DEI) focus
Join the Pre-Pub/Pre-Broadcast & Diverse Voices Committees for a discussion on pre-publication policies and practices with a Diversity, Equity, and Inclusion (DEI) focus. Are there unique considerations when considering pre-publication through a DEI lens? What are the best practices?
The New York Times and the Nation’s Newspapers: Past, Present and Future
A discussion with Adam Nagourney, national political reporter for the New York Times and author of the recently published book “The Times: How the Newspaper of Record Survived Scandal, Scorn and the Transformation of Journalism.”
Hot Issues in Copyright and Trademark Law
Building on the Copyright Hot Issues session at the MLRC Virginia Conference, the Copyright & Trademark Committee looks forward to a discussion on topical matters, including the implications of Goldsmith v. Warhol for fair use, application of the discovery rule in the context of copyright claims, and the Copyright Claims Board.
Media Coverage of the Israel-Hamas Conflict: A Plethora of Journalistic Issues
A discussion of the many journalistic questions already raised by coverage of the War. With Holly Rosenkrantz, World, Supreme Court and Justice Department Editor at USA TODAY; Brian Stelter, special correspondent, Vanity Fair, former media correspondent, CNN and The New York Times; and Robert Corn-Revere, Chief Counsel FIRE.
NextGen General Body Meeting
We used this time to touch base on our mentorship program and solicit any feedback. We also previewed exciting events for the end of this year, including a Next Gen meet-and-greet at the MLRC Annual Dinner, the Defense Counsel Section Lunch as well as a planned AI Clinic.
The Rise in Book Bans & the Lawyers Fighting Back
Attempts to restrict and ban speech are nothing new, but the past few years have seen a marked uptick in efforts to censor books, particularly books treating LGBTQ issues, sex and abortion, and race. Three attorneys arguing cases against school and library restrictions on books in different states discuss their litigations attempting to fight back.
Q&A with Kashmir Hill about her new book Your Face Belongs to Us
The new best-seller by New York Times tech reporter Kashmir Hill documents the rise of Clearview AI and its groundbreaking facial recognition technology. Is it the ultimate government surveillance tool? Will it end privacy as we know it? Can it be regulated?
Instructing Lawyers Around the World: How to Find International Help When You Really Need It
Choosing and engaging with counsel in other countries can present special challenges. Please join the International Media Law Committee and MLRC deputy director Dave Heller for a discussion of how to cope, and the MLRC resources available to help. Tapping Dave’s store of contacts and recommendations from international conferences and MLRC members can be invaluable.
Data Privacy Committee
The program will explore how the current data privacy regulatory framework impacts AI, discuss new initiatives on the horizon including the EU's AI Act, and review some frameworks in place to evaluate AI. With David Zetoony and Reena Bajowala of Greenberg Traurig's Data Privacy & Cybersecurity practice.
WGA Strike: What the Writers Won & What’s Next?
Join the Media Deals committee and Jonathan Handel, Puck contributor, Senior Counsel at Feig/Finkel and a preeminent expert on Hollywood unions and guilds for a lightening round on what the WGA won, what it means for the studios/platforms (and the lawyers representing them/drafting their deals), and where the SAG negotiations stand.
The Nevada Shield Law Decision
In a first-of-its-kind decision, the Nevada Supreme Court has ruled that police are prohibited from searching through privileged newsgathering material on the seized electronic devices of deceased Las Vegas Review-Journal reporter Jeff German. Join the Criminal Law Committee to hear from four of the lawyers involved in this year-long battle.
Supreme Court Preview
Cases ranging from 1st Amendment restraints on public officials’ social media activity, the constitutionality of the government denying registration of a trademark critical of a public official, & whether content moderation restrictions survive 1st Amendment scrutiny. Discussion with Chris Geidner, Law Dork and Paul Smith, Georgetown Law. Moderated by Matthew Schafer, Paramount Global.
Anti-SLAPP Committee Meeting
Mike Berry (Ballard Spahr), will discuss PA's recently passed UPEPA bill. Will Creeley (FIRE) will discuss FIRE’s free-speech goals and how they intersect with anti-SLAPP protections. Matt Leish will discuss a recent anti-SLAPP fee award in the Golan v. Daily News case. And Laura Prather will provide an update on UPEPA enactments and international developments.
Evolving AI Compliance Considerations for Media Employers
Join the Employment Law Committee for a moderated, interactive discussion regarding AI and privacy developments for employers already using or contemplating the use of automated tools in the employment lifecycle. We'll explore best practices and strategies.
Back to the Future: Kids and the Internet
It's 1996 all over again. Congress charging ahead with sweeping legislation intended to protect kids online; State legislatures enacting strict limitations on the ability of minors to use the internet. Critics say these measures violate the 1st Amendment, impair privacy rights, and will harm kids; but has the landscape changed meaningfully since Reno v. ACLU?
The Marion County Record Raid
The execution of a search and seizure warrant against Kansas newspaper the Marion County Record, leading to the death of the 98-year-old co-owner, and the legal issues arising out of the raid. With Max Kautsch (Kansas Press Association), Gabe Rottman (RCFP), and counsel for the Marion County Record, Bernie Rhodes (Lathrop GPM).
The Trump Cases and the First Amendment
A discussion of the First Amendment aspects of the various Trump prosecutions, including his apparent free speech defenses in the federal indictment, arguments over gag orders, and the cameras-in-the-courts question.
Anti-SLAPP Committee Meeting
On the agenda: report on NJ UPEPA bill (Bruce Rosen); report on MA anti-SLAPP bill (Jeff Pyle); recent KS anti-SLAPP victory (Eric Weslander); Park v. Nazari - recent CA case about notices of motion and whether court can/will grant an anti-SLAPP motion as to portions of causes of action (Jordyn Ostroff). All are welcome!
Media Law 101: Pre-Pub / Pre-Broadcast
Our review of the Pre-Pub/Pre-Broadcast basics focuses on a vetting hypothetical. We analyze: defamation vetting (including fair report privilege and opinion); privacy/risk of publicity vetting (specifically, reporting on private facts or minors); & newsgathering issues that arise in the pre-pub/pre-broadcast process (such as recording laws and obtaining sensitive information).
Untraditional Platforms: Infotainment and the Connected Vehicle
The recent example of Tesla’s in-vehicle gaming system surviving regulatory scrutiny & ongoing discussions about virtual assistants in the car show that the cross-over between media tech & vehicle tech are only beginning. The Internet & Technology committee invites a panel of infotainment & vehicle technology experts to discuss where this cross-over may lead.
Media Law 101: Entertainment
This one hour presentation will cover basic but important issues to be aware of in the entertainment law world, including issues relating to the use of materials subject to copyright and trademarks, the risks involving references to real people and things, how best to use and rely upon releases and disclaimers, and more.
Hollywood on Hold: Everything You Want to Know about the WGA and SAG-AFTRA Strikes
For the first time since 1960, Hollywood writers and actors are striking at the same time. Join Jonathan Handel, Puck contributor, entertainment attorney and preeminent expert on Hollywood unions and guilds for answers to your most pressing questions.
Media Law 101: Advertising & Commercial Speech
1st Amendment protection of commercial speech and regulation under right of publicity laws; Speech that toes the line between editorial and commercial, including when it is deemed native advertising or influencer marketing and subject to FTC jurisdiction; key principles underlying the laws governing sweepstakes and contests and best practices for navigating such promotions.
Missouri v. Biden and Government Jawboning
What kind of pressure has the government been putting on platforms, and when does such jawboning violate the First Amendment?
Media Law 101: Newsgathering
New to newsgathering or need a refresher? Join the MLRC for “Newsgathering 101” presented by the Newsgathering Committee for an overview of the newsgathering process. This seminar addresses best practices for gathering news in public and private spaces.
Sex, Lies and Defamation
Roberta Kaplan, who successfully represented E. Jean Carroll in her sex abuse and defamation case against Donald Trump, discusses the trial and ongoing litigation against the former President.
Web Designs, Free Expression and Discrimination: A Look at 303 Creative v. Elenis
A discussion about the recently decided SCOTUS case with Professors David Cole and Richard Epstein. Does a web designer engage in expressive speech? Does that give her immunity from the anti-discrimination laws? How to balance the interest in free speech with the interest against discrimination? Or was this a religion case?
Media Law 101: Copyright (or Copyright Law in One Easy Lesson)
What is copyright? What is copyrightable? How do you get a copyright? What remedies are there for copyright infringement? What exceptions and limitations are there on copyright rights? What is fair use and what did the Supreme Court do with it in Warhol Foundation v. Goldsmith (2023)? Copyright on the Internet.
Media Access to the Trump Indictments
Cameras and devices, or…pay phones and high school students? With Trump indictments announced in New York and Florida, and possible indictments in Georgia and D.C., please join the State Legislative Affairs and Criminal Law committees to discuss rules on access in these jurisdictions, experiences of journalists on the ground, and anticipated access fights to come.
Media Law 101: Libel & Privacy
The MLRC is pleased to announce a special series of 101 Zoom calls this summer, focused on teaching the fundamentals of various discrete areas in media law. This one-hour session is aimed at summer associates, junior associates and even veteran media attorneys who are interested in learning the basics of libel law.
International Committee: UK Online Safety Bill & EU Digital Services Act
David Barker and Meghan Higgins of Pinsent Masons provide an overview of the UK’s Online Safety Bill with a particular focus on the provisions applicable to the media. Dorien Verhulst of Brinkhof explains how the EU’s Digital Service Act will change online content moderation.
Copyright & Trademark: Practical Realities & Protecting Your Content in an AI World
Generative AI is a big deal — and it's here to stay. Our journalists are all reporting on this topic, and everyone wants to find ways of using AI in their businesses. Please join us for a conversation and practical steps that we can take to protect our content and our ability to monetize it.
Insurance Committee’s 2nd Quarter Meeting
Open Discussion: Fox's settlement of Dominion Voting System's defamation suit; emerging trends and new developments; Inflation, Climate Change and AI, oh my!; & How are mid-year renewals going?
Anti-SLAPP Committee Meeting
OK & TX avoided catastrophic changes to their Citizens Protection Act laws; UT's adoption of UPEPA; NJ's anti-SLAPP bill; a May 1 decision by CA Court of Appeal that raises questions on the scope of anti-SLAPP protection under the “public interest” provision; Resolute v. Greenpeace - a SLAPP resolved in Greenpeace’s favor after 7 years.
Australia’s Libel Trial of the Century: Ben Roberts-Smith v. Fairfax Media
Joining us from Australia, Peter Bartlett, Minter Ellison, discusses the judgment in his grueling five-year legal battle pitting three newspapers against Ben Roberts-Smith, the decorated war hero – and broadcast media executive – accused of committing war crimes in Afghanistan.
Media Law 201: Pre-Pub/Pre-Broadcast
The MLRC Pre-Pub/Pre-Broadcast Committee's 201 series focuses on unsealing motions. The session will cover the mechanics of when, why, and how to file a successful unsealing motion, accompanied by high-profile lessons from the field, such as the Trump indictment hearing.
State Privacy and Freedom of Information Laws and Newsgathering Concerns
Frank LoMonte, (Counsel, CNN), and Micah Ratner, (Senior Asst. GC, NPR) join the State Legislative Affairs, Privacy, and Newsgathering committees in a discussion about the rise in state laws that indirectly threaten newsgathering and even publishing activities, including those aimed at protecting personal privacy and curbing freedom of information “auditors.”
A Wild Thursday at the Supreme Court
Last Thursday morning saw the Court drop major opinions on copyright fair use and platform liability in Warhol Foundation v. Goldsmith, Twitter v. Taamneh, and Gonzalez v. Google. We discuss first impressions and potential fallout from these decisions for MLRC members.
Media Law 201: Data Privacy
This session takes a deeper dive into the current landscape of data privacy laws and regulations across the United States at the state and federal level.
Media Law 201: Copyright and Trademark
Join Moses Singer attorney David Rabinowitz as he presents Copyright 201. The session will cover Ownership (registration of copyright, including troll defense; notice of copyright; termination of transfers) and Disputes (notice and take-down; remedies; statute of limitations).
Knock Knock: Practical and Legal Considerations Before Door Knocking
Join the MLRC Newsgathering Committee's Vice Chair, Merriam Mikhail, for an important panel discussion with CNN correspondent Omar Jimenez and legal experts about the considerations that newsrooms should weigh before journalists knock on a door to ask for an interview.
Media Law 201: Entertainment Law
A discussion aimed at media attorneys wishing to become more knowledgeable in areas of media law in which they have some familiarity but are not already experts.
Writers Guild of America Strike Discussion
Join the Employment Committee for a discussion on the Writers Guild of America strike. Angel Ortiz, Associate General Counsel and Global Head, Employment and Labor Relations at TelevisaUnivision will lead our discussion, taking us through the current status, highlighting some of the most relevant issues, impacts and concerns.
Drafting Clinic with Media Deals & Next Gen Committees
Got an extensive redline back on a major A-list celebrity’s appearance release for your streamer client’s upcoming game show? Strong disagreement between your client producing a new podcast and the commissioning podcast network on how your client will be attached to film/tv derivatives? Join us for a practical walk-through of how to address these issues.
Florida and the First Amendment: DeSantis and the Florida Follies
With Rachel Fugate, Shullman Fugate; Dave Wilson, Miami Herald; and our own Lynn Carrillo.
Governance and Ethical Considerations in Generative AI
Hear from Andy Hall, Professor of Political Economics at Stanford University’s Graduate School of Business, on potential governance models, ethical considerations, and industry trends and predictions around the growing field of generative AI.
Scholars Hour: Danielle Citron, University of Virginia Law School
A MacArthur fellow and distinguished professor of law at the University of Virginia, Professor Citron is one of America’s foremost privacy law scholars and an advocate for “intimate privacy” as a new civil right.
Artificial Intelligence, Journalism & the Law
Professors Eugene Volokh (UCLA Law) and Nicholas Diakopoulos (Northwestern) join us to discuss their research in this area.
Message in a Bottle: Jack Daniel’s, Bad Spaniels & the First Amendment
A discussion with two advocates who were involved in the Jack Daniel’s dog toy trademark case, argued last month in the Supreme Court. With Susan Kohlmann, Jenner & Block (submitted an amicus brief for the Motion Picture Association) and Megan Bannigan, Debevoise & Plimpton (submitted an amicus brief for intellectual property professors).
Dominion v. Fox: Settlement – What Does It Mean?
A town-hall meeting among members to discuss the ramifications of the case — the settlement, the legal rulings, the evidence, and more.
Defend, Indemnify & Hold Harmless, Oh My!
Indemnification and other boilerplate clauses like force majeure and effect of termination may not feel like the sexiest parts of a contract, but they can have very real implications.
Vetting Docudramas – Pre-Pub / Pre-Broadcast & Entertainment Committees Joint Meeting
Mechanics of vetting docudramas. Covering a trove of topics such as: the main legal issues to spot; the role of securing life rights/other waivers; the choice to fictionalize certain characters/create composite characters; defending against libel-in-fiction & right-of-publicity claims; the role of disclaimers; & how much protection the 1st Amendment provides to creative or satirical content.
Anti-SLAPP Committee Meeting
We will have three speakers addressing three current anti-SLAPP issues.
Pay Transparency Laws: What Media Employers Should Know and Best Practices & Strategies for Compliance
Several states have implemented pay transparency laws that have gone into effect within the past year. Join the Employment Law Committee for a panel discussion on the implementation of recent pay transparency laws, the impact these laws are having on employers and employees, and best practices and strategies for media employers.
Access to Grand Jury Proceedings and Other High-Profile Criminal Cases
Join the Criminal Law Committee for a discussion of access efforts in recent high-profile criminal cases.
The First Amendment and Criminalizing Speech
The Supreme Court and Circuit Courts are considering cases that raise thorny doctrinal questions about the boundaries between crime and the First Amendment, including Counterman v. Colorado regarding whether defendant’s Facebook posts constituted “true threats.” Will the Court clearly define “true threats?” What are the implications for criminalizing speech in other contexts, such as defamation?
Joint Advertising & Commercial Speech and Data Privacy Committee Meeting
Join us for a discussion — with IAB and IAB Tech Lab’s General Counsel Michael Hahn, and IAB’s Assistant General Counsel Tony Ficarrotta — of the MSPA and the industry compliance challenges it addresses.
The Arguments in Gonzalez v. Google
Analysis of the Feb. 21 oral arguments in Gonzalez v. Google, the blockbuster case in which the Supreme Court will, for the first time, consider the scope of Section 230’s protection. Speakers are all amicus counsel in the case and discuss the arguments and the justices’ responses from the viewpoints of their respective clients.
Embedding Back Before the Ninth Circuit / Trump v. Woodward” Frivolous or Fair?
The 9th Circuit heard oral argument this week in Hunley v. Instagram on whether to limit or overrule Perfect 10 and the “server test.” A panel of experts discuss. Plus, Copyrights in Interviews: Is Trump’s complaint against Woodard a frivolous lawsuit? What case law exists on claims between interviewer and interviewee?
Anti-SLAPP committee meeting
Matt Leish of Miller Korzenik on SLAPP case, Golan v. Daily News; Matt Schafer of Paramount Global & Tanvi Valsangikar of Penguin Random House on their article “The Application of the New York Anti-SLAPP Scheme in Federal Court”; & Marc Randazza, on SD 2094, an anti-SLAPP bill introduced recently in the Massachusetts legislature.
Insurance Committee meeting
Featuring two panels: 2022 Media and Entertainment Claims Review and Trends, and 2022 Underwriting & Market Conditions Review.
Internet & Technology Committee meeting
The Internet & Technology Law Committee's first meeting of 2023 discussing generative AI with Joyce Li of Morrison Foerster. An overview of what the technology is, the major players and some of the ethical and legal issues that have arisen.
Next Gen Committee: Copyright Clinic
The Clinic is led by Caleb Donaldson from Google, who takes us through a mock exercise involving apps and content. The clinic covers intermediary liability, terms of service, and fair use.
Twitter and What Comes Next
We talk about where things stand at Twitter and practical and legal issues for those considering transitioning to alternative platforms.
Next-Generation AI Tools: Legal and Ethical Challenges
The newest AI-based tools for content generation can create photorealistic images based on text descriptions, compose poetry, deceive humans playing Diplomacy, and even generate code. But their output is based on the work of humans, raising thorny copyright and privacy issues while reflecting very human flaws and biases.
Insurance Committee Meeting & Virtual Holiday Party
The Metaverse and the exposures it will pose to media and entertainment companies and their insurers; important decisions & developments in insurance coverage law; predictions for 2023; committee results from 2022 and plans for 2023.
Advertising & Commercial Speech Committee Meeting
An overview of the ad tech industry, followed by a deep dive into the new U.S. privacy state laws that will regulate it, presented by Fernando Bohorquez Jr. (Partner, BakerHostetler).
Employment Law Committee Meeting
(5) Hot Topics in employment law that are relevant to media employers as we look to 2023.
Free Speech, Same Sex Weddings, and Public Accommodation Law Back at the Supreme Court
Adam Liptak, New York Times; and Professor Mary-Rose Papandrea, UNC Law School, discuss the Supreme Court argument in 303 Creative v. Elenis, where a website designer claims a First Amendment right to refuse designing websites for same-sex weddings.
Next Gen Q2 General Body Meeting
On the agenda: updates on our programs; future clinics and social events; and time permitting, time to break out into small groups.
Joint Litigation and Media Copyright Committee Meeting
A discussion of when a claim “accrues” under the Copyright Act’s 3-year statute of limitations and what constitutes discovery and republication for purposes of the statute of limitations.
Int’l Committee: Back by Popular Demand — Cross Border Vetting
Join the BBC’s David Attfield, Bloomberg’s Katie Graham, Dow Jones’ Jake Goldstein, the New York Times’ Dana Green and Reuters’ Julia Atcherley for a lively discussion of global pre-publication review.
Anti-SLAPP Committee Meeting
Presentations on: the Colorado Court of Appeals anti-SLAPP case L.S.S. v. S.A.P.; Legal Network for Journalists at Risk; Jha v. Khan, the first UPEPA appellate decision in the United States, issued by Washington’s Court of Appeals; and the UK Model Anti-SLAPP law.
How Well Did the Media Cover the Midterm Elections?
With Catherine Lucey, White House reporter, The Wall Street Journal; Erik Wemple, media critic, Washington Post; and Aaron Zitner, reporter and former national political editor, The Wall Street Journal.
Employment Law Committee Meeting
We will catch up with one another, meet new members, and discuss recent employment law issues that have arisen, such as the recent U.S. Labor Department worker status proposal and any other hot topics our members are seeing and want to share with the Committee. We also look forward to hearing your ideas on topics…
Search Warrant for Las Vegas Murdered Reporter’s Journalistic Devices and Sources
Can shield law protection be given to a deceased journalist? Can a newspaper assert the reporter’s privilege? Where does the case stand, and what are the Las Vegas Review-Journal's arguments?
Insurance Committee Meeting
MLRC's Insurance Committee meeting from Tuesday, October 25th at 3pm ET/ 12pm PT.
Fair Use at the Supreme Court
Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith has crystallized the debate about whether the transformative use doctrine of fair use has been taken too far. Our speakers, who all filed amicus briefs in the case, discuss how the parties and the justices approached this critical issue.
Pre-Pub/Pre-Broadcast: Vetting True Crime
We are joined by two wonderful guest speakers: David Sternbach, Senior Vice President of Content, Production & Risk at A+E Networks and Alison Schary, counsel at Davis Wright Tremaine LLP.
International Committee Meeting: News Remuneration Efforts in the US and Abroad
The latest developments in remuneration for news organizations, vis-à-vis Big Tech, across various countries, including France, Canada, Australia, England and the US.
The Fifth Circuit Rules in NetChoice v. Paxton
We speak with Professor Alan Rozenshtein of the University of Minnesota Law School about the widespread condemnation of the Fifth Circuit opinion, whether that reaction is entirely justified, and what comes next in the case.
Internet & Technology Law Committee Meeting
Please join the MLRC Internet & Technology Law Committee virtually for an in-depth review of the Dobbs v Jackson decision and its implications, particularly for technology companies.
Free Speech and Digital Privacy After Roe v. Wade
We discuss what’s happened since the fall of Roe, the measures that Congress and tech companies are exploring to protect the privacy of women’s speech and data, and what the First Amendment has to say about all of this.
Newsgathering Committee Meeting: The Use of Drones
The session will feature Committee Co-Chair Mickey Osterreicher speaking with Kerry Fleming, Manager of the FAA System Operations Support Center, and John Meehan, the FAA's Public Safety Liaison with the FAA’s Office of UAS Integration.
The Trump Mar-a-Lago Search: Access, Espionage & Videotapes
With Chuck Tobin, Ballard Spahr, who argued the motion for the media coalition; Katelyn Polantz, CNN Justice and crime reporter; and Mark Zaid, national security law expert.
Data Privacy & Security Committee Meeting: Demystifying Tech—Apps!
Tyler Thompson of Greenberg Traurig will discuss mobile app compliance requirements (spoiler alert – there are many!). New requirements from Apple and Google will be discussed, as well as other mobile app regulatory concerns and best practices.
The Rise in Book Bans—and How to Fight Back
Dave Eggers, whose novel “The Circle” was recently pulled from public schools in South Dakota; Kelly Denson, who tracks and analyzes bans for the Association of American Publishers; and DWT attorney/author Bob Corn-Revere explores recent developments, historical context, and steps First Amendment advocates can take to fight back.
Interview with Katy Tur
A discussion with Katy Tur, anchor on MSNBC, about her new book, Rough Draft.
Entertainment Law 101
Our final Media Law 101 of the summer!
Anti-SLAPP Committee Meeting
The committee meets bimonthly and focuses its attention on recent SLAPP rulings, the progress of new anti-SLAPP bills in state legislatures without strong SLAPP legislation, possible model SLAPP statutes, and advice and counsel on securing federal anti-SLAPP protections.
Libel Plaintiff Litigation Funding: Getting Behind the Curtain
An exploration of lawsuits funded by third parties—why it matters, how to find out who's behind the funding, its effect on settlement efforts, and more.
Media Deals Committee Meeting
Join the Media Deals Committee for a “Media Acquisitions 101” session with Trevor Norwitz, a partner in the corporate department at Wachtell, Lipton, Rosen & Katz, to discuss the basics media that are helpful to know for entertainment & media counsel (even when relying on corporate outside or co-counsel).
January 6th Hearings: Judge Michael Luttig
Former Fourth Circuit Judge Michael Luttig discusses the House Select Committee hearings, the constitutional issues surrounding efforts to prosecute Trump for speech related crimes or other malfeasance, and the state of our democracy.
Media Law 101: Internet / Section 230 / DMCA
Learn more about how Section 230 of the Communications Decency Act and the Digital Millennium Copyright Act prevent internet service providers from being held responsible for content posted by their users.
Ken Auletta on Harvey Weinstein – Sexual Predation and Hollywood Power
A discussion with Ken Auletta, The New Yorker’s Media Reporter for decades and author of a just-released, vivid biography of Harvey Weinstein.
FTC’s Proposed Endorsement Guidance
Moderated by Nancy Felsten, Davis Wright Tremaine. With Serena Viswanathan, Associate Director for Advertising Practices at the FTC, and Laura Brett, Vice President, National Advertising Division at BBB National Programs.
Media Law 101: Newsgathering
This 101 presented by Edward Fenno and Eric Robinson addresses access to record, courts, and government meetings; other access issues such as access to private property, drones & police bodycams; source confidentiality; receiving documents from leakers and more.
Copyright 101, or Copyright Law and Fair Use in One Easy Lesson
What is copyright? What is copyrightable? What remedies are there for copyright infringement? What exceptions and limitations are there on copyright rights? What is a fair use?
Insurance Committee Meeting
Primer on insurance; "Top 10" insurance issues noninsurance lawyers should know; recent changes to New York State's Insurance Disclosure Law; and more.
Media Law 101: Pre-Publication / Pre-Broadcast
This workshop is structured as issue spotting around hypotheticals, identifying potential legal pitfalls that arise in the reporting process, including defamation, privacy, newsgathering, right of publicity and recording laws.
The Uvalde Massacre: Media Coverage, Access Hurdles and Ethical Questions
A discussion about local and national media coverage of the Uvalde shootings and similar mass tragedies with Kelly McBride, Senior VP for Ethics and Leadership, Poynter Institute and Marc Duvoisin, Editor-in-Chief and VP, San Antonio Express-News.
Copyright & Trademark Committee Meeting
A discussion of the new Copyright Claims Board with Copyright Claims Officer, Brad Newberg, The Andy Warhol Foundation For The Visual Arts, Inc. v. Goldsmith, and whether to remove “old” material from websites based on developments and uncertainty in the law.
Media Law 101: Libel
This session 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.
Hot Takes: Social Media Regulation, Section 230 and the Tech World
We invite you to join the Technology and Internet Law Committee as we welcome speakers who are no strangers to challenging issues in digital law to take us through breaking developments.
International Developments in Anti-SLAPP Laws
Join the Anti-SLAPP and International committees as we discuss international developments in Anti-SLAPP laws, including a discussion of progress in Canada, the EU, and the UK.
Exposing R. Kelly: Jim DeRogatis on His Decades-Long Journey
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.
Depp v. Heard Defamation Trial: Part II
With Chuck Tobin, Ballard Spahr; Matthew Barakat, Associated Press; Julia Jacobs, New York Times (invited).
Data Privacy and Security Committee Meeting: Blockchain and NFTs: Under the Hood
In this program, “NFT IP Pioneer” Jeremy S. Goldman from Frankfurt Kurnit Klein + Selz PC will go under the hood of the Web3 ecosystem, showing how blockchain, smart contracts, NFTs, online marketplaces, digital wallets, and the Web3 community operate, transact and communicate.
Entertainment Committee Meeting
We will hear from litigators involved in key developments in entertainment law over the last few weeks.
Leaks – From SCOTUS to Ukraine
With Jeremy Peters, New York Times; Landis Best, Cahill Gordon (former clerk to C.J. Rehnquist); and David Sanger, New York Times.
Legislative Affairs Committee Meeting
We will discuss with Adam Rose, the Press Rights Chair of the Los Angeles Press Club, the status of the Committee’s mobilization efforts focused on state rules on cameras in the courtroom including a discussion of both efforts in California to expand remote access to courts through live audio feeds as well as Maryland’s cameras…
Libel (and False Light) in Docudramas and the Jerry West Complaint
With Rod Smolla, Dean & Prof. of Law, Delaware Law School, and Kathleen Cullinan, Apple.
Elon Musk, Twitter, and Freedom of Speech
With Margaret Sullivan, Washington Post; Dr. Courtney Radsch, Center for International Governance Innovation/UCLA Institute for Technology, Law and Policy; and Mike Masnick, Techdirt.
The Johnny Depp v. Amber Heard Defamation Trial: The Accusations, Legal Issues & Testimony in Court
Reporters covering the case will give a mid-trial update.
Pre-Pub / Pre-Broadcast Committee Meeting: Releases Seminar
We'll focus on the realities and necessities of releases—particularly in documentaries, but in film more generally—and how the need for releases relates to the law, insurers, and distributor demands.
First Amendment Scholars Hour: Professor Amy Gajda
Tulane Law Professor Amy Gajda is the author of the new book Seek and Hide: The Tangled History of the Right to Privacy.
MLRC NextGen Clinic: News Vetting Exercise
We're very excited to hold our first clinic on news vetting! Al-Amyn Sumar of the New York Times and Jesse Feitel of Davis Wright Tremaine have prepared a mock article.
Is Free Speech on Campus in Crisis?
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.
Media Deals Committee Meeting
We are thrilled to announce a special guest appearance: “Committee in Conversation with Eriq Gardner”.
First Amendment Scholars Hour: Professor Richard Hasen
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.
Internet & Tech Law Committee – What is the Metaverse?
The metaverse goes beyond the virtual world of video games as it is set to impact technology, the economy, the law and possibly society as a whole.
International Committee Meeting
Join us for a discussion of the latest on issues affecting journalists in Russia and Ukraine. Also the UK supreme court ruling against Bloomberg News that makes it harder for British media outlets to publish information about individuals subject to criminal investigations.
Criminal Law Committee : “Friendly” Subpoenas
Join us for a discussion of the complexities raised by so-called “friendly” requests for journalists to participate in investigations or lawsuits focused on protecting the press.
Insurance Committee Meeting
Join us for open discussion of war exclusions and related policy provisions that may limit or preclude insurance coverage during hostilities between nations; insurance coverage for NFT's; and the question of whether confidentiality always guaranteed in mediation communications.
Employment & Litigation Committees: Enforcement & Resolution Strategies for Non-Competes in the Media Industry
With guest speakers Gary Fowler, ADR Professional, JAMS Mediator and Arbitrator; and Emily Kowey Roth, a member of the Duane Morris Non-Compete and Trade Secrets Practice Group.
Data Privacy & Security Meeting – Demystifying Tech: NFTs
Hannah Taylor, Partner at Frankfurt Kurnit, will provide an overview of NFTs and will answer your burning questions: What, exactly is an NFT, and are they here to stay?
Anti-SLAPP Committee Call
Updates on Anti-SLAPP activity in Arizona, Hawaii and Kentucky, as well as a discussion of the New York Anti-SLAPP statute as interpreted in the Carroll v. Trump and Dr. Luke v. Ke$ha cases.
The Media and the War in Ukraine
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?
Entertainment Committee Meeting
A wave of new copyright litigation against the music streaming platform Pandora and an update in the years-long arbitration involving the estate of Harper Lee and the stage adaptation of “To Kill a Mockingbird.”
An Interview with Ted Koppel
Award-winning broadcast journalist Ted Koppel discusses the media’s coverage of Ukraine, the state of journalism today, the amalgamation of factual reporting and commentary, what can be done about disinformation and the poor perception of journalists, and some reminiscences of his signature show “Nightline.”
Newsgathering Committee Meeting: Should We Sue to Enforce Our FOIA Request?
Exploring the costs and benefits of filing suit to enforce a FOIA request.
The Case for Preserving Times v. Sullivan
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.
Media Deals: Legacy Publishers & Hollywood
We were thrilled to be joined by Shushana Jachobov, Vice President and Assistant General Counsel at The New York Times, and Jamie Stockton, Business Affairs Executive at the Creative Artists Agency, who both have first-hand experience with deals legacy publishers have been entering into with Hollywood.
Media Copyright & Trademark Committee Meeting: Plagiarism vs. Copyright Infringement
With Scott Sholder of Cowan, DeBaets, Abrahams & Sheppard LLP and Dan Novack of Penguin Random House.
Pre-Publication/Pre-Broadcast Committee Call
We will be discussing some interesting trademark issues that can arise in the pre-pub/pre-broadcast process
Palin v. New York Times: Trial Recap
A deep dive into what happened: the strategies of the two sides, whether they succeeded, how the witnesses performed, etc.
Biden and the Press: How is the Relationship a Year Out?
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.
Next Gen Committee Call
Join the Next Gen Committee for its next general body meeting.
Sarah Palin v. New York Times: Mid-Trial Analysis of a Key Libel Case
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.
Can Social Media be Forced to Pull Back the Curtain?
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.
Media Deals Committee Kick-Off Call: Behind the Deal Making Scene
We will welcome three experienced executives who regularly work with lawyers and are uniquely positioned to share insights on deal making trends, predictions for the year to come, and what makes for good lawyering in the business generally
Litigation Committee Meeting
With the economic realities facing today’s content providers, is it still possible to engage in impact litigation that expands newsgathering or makes law on key issues?
Employment Committee Meeting
A session exploring the current state of the various federal vaccine mandates, with a particular emphasis on those affecting government contractors.
The Highlights of 2021 and Predictions for Media Law in 2022
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 Prior Restraint on The New York Times
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.
Anti-SLAPP Committee Meeting
Bob Nelon, who will discuss a favorable decision from the Oklahoma Court of Civil Appeals affirming dismissal of a defamation/false light/other claims suit under the Oklahoma Citizens Participation Act
Advertising & Commercial Speech: Trends & Legal Developments in the Audio Space
A fireside chat with Hannah Taylor (FKKS) & Brian Rideout (NYTimes)
First Amendment Scholars Hour: Professor Noah Feldman
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.
Prepublication Review of Government Officials’ Memoirs: Censorship or Security?
Is the Department of Defense improperly censoring former Defense Secretary Mark Esper’s memoir?
The 3rd Annual Claims/Underwriting Review and Virtual Holiday Party
A virtual holiday party and two substantive panels: 2021 Media and Entertainment Claims Review and Trends, and Underwriting Market Conditions - Present, Current and Future.
Internet Law Committee Meeting: Data Access and Investigative Journalism — Legal Challenges and Issues
Following from the Summer programming on data journalism, this panel event further explores the importance of data to investigative journalism, and the legal barriers to accessing information for data-driven reporting on issues of public interest.
Netflix and Chill — Or Netflix and Sue?
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?
MLRC Data Privacy and Security Meeting – International Data Transfers: What’s the state of the world?
Guest speaker David Zetoony will provide an update on the state of international data transfers
2021 DCS Annual Meeting
Our usual Carmine's lunch is virtual this year, but it's still a good opportunity to mingle with colleagues and discuss the accomplishments and plans of MLRC's diverse roster of committees. All members are welcome.
Hear The Very Latest On Copyright Litigation!
Hear Cameron Stracher and Edward Rosenthal share their insights and join your fellow committee members in a dynamic discussion on these rapidly developing areas of copyright litigation.
Nunes v. Lizza: Tweeting, Republication & Actual Malice
Did the Eighth Circuit err in holding that a journalist’s tweet linking to his article was a republication?
Advertising & Commercial Speech Committee Meeting: Hot Advertising Issues for Online Media Publishers
Topics include CBD/cannabis advertising, sports gambling, cryptocurrency, privacy and political advertising.
Pre-Pub and Insurance Committees Joint Meeting on Corrections, Clarifications and Retractions
Paul Glader of Vett News discuss a new software system to streamline the handling of requests for corrections. The second half of the meeting is an open discussion of recommended approaches for effective handling of corrections.
Internet Law Committee Meeting
A discussion with Santa Clara Law Professor Eric Goldman and Google Public Policy Analyst Jess Miers about how the current legal landscape safeguards free expression online and empowers Internet services to responsibly manage content.
The Supreme Court’s New Term: Big Cases, New Procedures and Access, and the Politicization of the Court
An interview with Adam Liptak, Supreme Court correspondent of The New York Times.
Entertainment Law Committee Meeting
Join the MLRC Entertainment Law Committee as the group reviews several important developments over the last month.
Newsgathering Committee Call: The Right to Record Police – Is It a Right Without a Remedy?
Join Steve Zansberg as he leads a discussion of the current state of law on recording police in the performance of their official duties and current cases testing the remedies against police efforts to shut down that recording.
UnDoxxed: A Criminal Law Committee Discussion on Combatting Online Harassment
We talk with journalists, editors, and in-house counsel about the digital threats their newsrooms are experiencing and how to support them while balancing our First Amendment principles.
First Amendment Scholars Hour with Robert Corn-Revere
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.
Julie K. Brown – The Journalist “Who Brought Down Jeffrey Epstein”
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.
Sports, Athletes and the Media: Is the Balance of Power Shifting?
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?
International Committee Meeting
Dorien Verhulst explains the current state of digital services and markets regulation in Europe, updating the topic of a terrific article she recently co-authored for the MLRC Legal Frontiers in Digital Media conference. Mark Stephens follows with a few remarks on the state of play in the UK.
Media Law 101: Insurance
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.
Media Law 101: Pre-Pub/Pre-Broadcast
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.
Media Law 101: Newsgathering
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…
Justice Gorsuch’s Dissent and the Viability of Times v. Sullivan
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?
Media Law 101: Data Privacy
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.
Media Law 101: Copyright
How copyright does (and does not) protect, who owns it, how long does it last, what constitutes infringement, defenses to infringement, and fair use.
Media Law 101s
The MLRC is very pleased to announce a special series of 101 Zoom calls this summer, focused on teaching the fundamentals of various discrete areas in media law.
Media Law 101: Libel
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.
Internet & Employment Committees Joint Presentation on Potential Reforms & Amendments to Section 230
Our discussion is led by Seth Stern, of Funkhouser, Vegosen, Liebman & Dunn Ltd.
A Panel of Complete LOSERS: The Online Slander Industry, Takedowns, and the Law
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.”
Internet Law Committee Meeting: Supporting Data Journalism: Legal Issues and Challenges
The Internet Law Committee is proud to present a discussion on the legal challenges that hinder journalists access to data.
Newsgathering Committee Meeting: Cutting Edge Tools in Authenticating Digital Content
Two Adobe reps will join us to discuss its new Content Authenticity Initiative (CAI), a slate of new tools for authenticating the provenance of digital content.
International Committee Meeting: Journalism in Asia
Two guest speakers will discuss the contemporary challenges faced by journalists across Japan, China and Russia.
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?
Anti-Protest Laws: A Chilling Wave of Legislation
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 Supreme Court and Student Speech on Social Media: An Analysis of the “Cheerleader” Case
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…
First Amendment Scholars Hour: Nadine Strossen, former President of the ACLU
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.”
Access Issues in the Derek Chauvin Trial for George Floyd’s Death
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?
Cuomo, Trump, Weinstein, Cosby: Vetting #MeToo Articles & Defending “Liar” Litigations That Follow
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?
The Warhol Foundation v. Goldsmith: Reining in Transformative Use?
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?
First Amendment Scholars Hour: Prof. Mary Anne Franks, University of Miami School of Law
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.
The Joke That Went to the Supreme Court
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?
Litigating in a Pandemic
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.
Access to Courts, Information & Newsgathering Issues in a Pandemic
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.
The Legal Business in a Pandemic
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.
Suing the Media for Trump’s Lies: Are Defamation Cases a Cure for Disinformation?
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…
First Amendment Scholars Hour: Mark Tushnet
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…
Takedowns, Fresh Starts, and Right to Be Forgotten
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…
First Amendment Issues Surrounding the Trump Impeachment for Incitement
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.
Vetting Political Ads
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…
De-Platforming Trump
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…
First Amendment Scholars Hour: Cass Sunstein
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…
The Julian Assange Decision
A discussion of this week’s Julian Assange extradition ruling. What did the over 100 page opinion really say?
All About the Story: A Conversation with Leonard Downie Jr
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…
Crawling from the Wreckage: Digital Media Law at the End of the Trump Era
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.
A Conversation with Bob Woodward
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…
First Amendment Scholars Hour: Prof. Michael McConnell
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."
2020 DCS Annual Meeting
Annual meeting of the MLRC Defense Counsel Section with reports on the year's meetings and publications and plans for 2021.
The Coney Barrett Confirmation Hearings, First Amendment & Disinformation, and Election Chaos
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…
Presidential Health and the Transparency of Presidential Medical Records
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.…
Barton Gellman on Edward Snowden and the American Surveillance State
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…
First Amendment Scholars Hour with Ronald K.L. Collins
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?
What the Lawyers Who Sue the Press Think About the Press and Media Law
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 Presidents vs. The Press
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?
Can a Fictional Character Defame You?
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…
The Global Pandemic and Its Effects
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…
Behind Closed Doors in the Roberts Court
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 New York Passed Favorable ROP and Anti-SLAPP Bills, and What Can Be Learned by the Other 49?
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.
FOIA, History & the Search for Truth
A conversation with acclaimed novelist Nicholson Baker, whose latest book "Baseless: My Search for Secrets in the Ruins of the Freedom of Information Act" traces his struggle to surface documents on the US military's biological weapons program.
Is Free Speech in Danger? When Should Offensive Speech be Censored? Problems in Developing Community Standards (And Using Political Correctness) for Moderation of Content
Our call is an open discussion of where and how the lines should be drawn, and why such issues have come to the fore in recent years
Should Michael Cohen – or Anyone – Go to Jail for Writing a Book about the President?
A discussion about the issues raised by Trump fixer Michael Cohen’s being sent to jail because he didn’t agree to cease publication of his book about President Trump.
First Amendment Scholars’ Hour: Erwin Chemerinsky
Is the Roberts Court Really Moving to the Center – and Should the Media Be Encouraged by That?
Rap Lyrics, Criminal Prosecutions, and the First Amendment
This session explores the troubling use of rap lyrics as evidence in criminal proceedings.
First Amendment Scholars’ Hour with Columbia Law Professor Jamal Greene
Professor Jamal Greene discusses his book How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart; the relationship between rights and justice; and how we should think about the First Amendment in the current political and cultural climate.
Nick Kristof on the Crises of 2020
A discussion with Nick Kristof, the New York Times columnist and two-times Pulitzer Prize winner (and seven-times finalist), on the coronavirus; the Black Lives Matter protests; the inequality gap; presidential lies and disinformation; attacks on journalism; the President, the DOJ and the AG; China; gerrymandering and the electoral college; and, finally, the 2020 presidential election.
The Supreme Court’s Decision in Bostock and the Role of the First Amendment in LGBT Rights
The implication of the Supreme Court's landmark Bostock decision, and whether and how the First Amendment has been used to advance LGBT equality.
First Amendment Scholars’ Hour with RonNell Anderson
Professor RonNell Anderson discusses how SCOTUS has characterized the press over time; her article “Freedom of the Press in Post-Truthism America” and Trump's denigration of the media.
Is There a (First Amendment) Responsibility to Publish Unpopular Views?
A discussion about the kerfuffle at The New York Times for its disowning the op-ed piece by Sen. Tom Cotton “Send in the Troops” and A&E Network’s decision to pause production of its cop show Live PD.
The Business and Law of Podcasting with New York Times’ Michael Barbaro, Host of The Daily
Plus NPR's Ashley Messenger and journalist Nick Quah. They look into the origins of podcasts, the changing business environment, legal issues peculiar to the form, and shows that seem destined for classic status.
First Amendment Scholars’ Hour with Tim Wu
Professor Tim Wu, Columbia University Law School, specializing in technology and free speech law, speaks about dealing with propaganda and misinformation, content moderation and free speech, and Trump’s Executive Order.
Fact Checking COVID-19 Information
How has the role of fact-checking organizations changed during the pandemic?
First Amendment Scholars’ Hour with Professor Geoffrey Stone and President Lee Bollinger
Professor Geoffrey Stone, University of Chicago Law School and author of ten books on constitutional law, and Columbia University president and First Amendment expert Lee Bollinger on leaks, national security and freedom of the press.
President Trump’s Executive Order Undercutting Section 230
How much of the executive order is bluster, and how much is worthy of actual concern? Is the executive order unconstitutional? How does an executive order trump congressional legislation? What are the limits on the president's ability to rope the FCC and FTC into policing social media? Will Trump’s E.O. lead to Twitter’s censoring Trump?
Governmental Regulations on Civil Liberties During the Coronavirus Crisis
Floyd Abrams, Cahill Gordon, and Joe Steinfield, Prince Lobel, discuss the constitutionality of government restrictions on statehouse demonstrations, large gatherings and travel to combat the coronavirus.
No Laughing Matter: Comedy, the Constitution, and Cancel Culture
Does the First Amendment protect offensive speech in comedy; what’s the value in protecting such speech, particularly in the political arena; is political correctness stifling comedy; and are comedians becoming persona non grata on campuses?
First Amendment Scholars’ Hour: Prof. Eugene Volokh, UCLA School of Law
Professor Volokh discusses his recent law review article "Anti-Libel Injunctions." Are post-trial libel injunctions prior restraints? Or are they constitutional - and necessary - especially now, when the Internet makes it easier for judgment-proof defendants to damage people’s reputations.
The Supreme Court’s Open Telephonic Arguments – How Did They Work and Do They Augur More Openness?
Adam Liptak, New York Times Supreme Court correspondent, discusses the last two weeks of telephonic oral arguments before the High Court which were open to the public: How did they work, were they successful, did the public listen-in in numbers, were there glitches or interruptions, were the arguments different, and is this a harbinger of…
Should Trump’s Coronavirus Press Briefings Be Broadcast Live and In Full?
Two journalists with differing views: Olivia Nuzzi, New York Magazine, who writes that the public should see Trump unfiltered, and Margaret Sullivan, The Washington Post, who opines that his briefings are too self-serving and unsafe to be broadcast live and in full.
It’s Different for Us: Women Journalists Tell their Stories from the Campaign Trail
Three journalists featured at our Annual Dinner program will discuss their reporting since – what they have covered, how coverage in the coronavirus environment is different, how women have fared as journalists and politicians, and possibly conjecture on Biden’s VP pick.
First Amendment Scholars Hour: Kent State and the Failure of First Amendment Law
Reflecting on the upcoming 50th anniversary of the Kent State shootings against the recent centennial of modern First Amendment law, Professor Gregory Magarian of Washington University School of Law will discuss what he sees as a shift in law toward prioritizing powerful speakers over marginal and dissident speakers.
Access to Court Hearings and Arguments – Is the Public Getting Access to Telephonic and Video Conference Calls
Are the Courts making hearings, motion arguments and appeals available to the public via Zoom video calls and open telephone calls?
45 Days In: Access to Government Documents and Meetings and FOIA, Revisited
Featuring Katie Townsend, Reporters Committee for Freedom of the Press
Hollywood, Broadway and Entertainment: How Are They Faring? How Are They Being Covered? And How Will They Come Back?
Will the virus affect the future of television, movies and streaming? How will other cultural institutions - Broadway, concerts, and museums - adapt to a world where people may be afraid to gather in crowds?
Sports Coverage with No Sports to Cover
How is the media covering sports with no games to report on?
How Well Is the Media Covering the Crisis?
With Ben Smith, media columnist, New York Times/former editor, BuzzFeed News; and Bill Carter, former media reporter, New York Times
Privacy and Ethical Considerations in Obtaining & Publishing Corona Patient Information
With David McCraw/Dana Green, New York Times; Lucian Pera, Adams and Reese; and Deborah Fisher, Executive Director, Tennessee Coalition for Open Government