Jimmy Kimmel II: The President and the FCC Go Rogue
George FreemanI firmly believe that most people in this country, even diehard MAGA supporters, do not believe the President should have power over who their late-night entertainers are, or that he can get a television host fired over one joke he did not like, even about him or his family.
AI and Online Child-Safety Dominate Agenda at San Francisco Digital Conference
Michael NorwickOur May 14th conference brought together approximately 155 lawyers – some from across the globe – to San Francisco to share their perspectives on the shifting legal landscape that is being driven by concerns surrounding AI and child safety.
Ten Questions to a Media Lawyer
Eric WeslanderKansas lawyer on his start in the business, good advice from his mentor Bernie Rhodes, midwestern cliches, his band The Fixers, and more.
Eleventh Circuit Tosses Roy Moore’s $8.2 Million Damage Award
J. Evans BaileyThe result marks Moore’s second defeat in federal appeals court this decade.
Laura Loomer Loses Defamation Suit Against HBO and Bill Maher
In the summary judgment decision, Judge Moody, Jr. found that no reasonable viewer would understand Maher’s comments to be a statement of fact, that Loomer had failed to present evidence that Maher acted with actual malice, and that Loomer had offered no evidence of damages.
Court Dismisses Defamation Claim by Kash Patel, But Denies Request for Fees Under New York’s Anti-SLAPP Law
Maggie Burreson, Abby Lahvis, and Marc FullerThe court held that Figliuzzi’s statement, a sarcastic quip about Patel’s high-profile social life, was rhetorical hyperbole.
Second Circuit Affirms Dismissal of Defamation Claim by “Kai the Hatchet Wielding Hitchhiker”
Lynn Oberlander and Sasha DuddingMcGillvary contended that the Rolling Stone article contained four defamatory statements about him. The trial court, and now the Second Circuit, agreed with Rolling Stone that none of the statements at issue were defamatory.
Press Freedom and Public Broadcasting: NPR v. Trump and the Limits of Executive Authority
Katie Townsend, Tate Rosenblatt, and Ellie SchwieteringThe ruling reaffirms longstanding First Amendment principles that the government may not use its spending power to punish disfavored speech or coerce editorial outcomes.
Knew It But Didn’t Stop It: Supreme Court Clarifies Limits on Secondary Copyright Liability in Cox v. Sony
David L. Hayes and Aaron DunnContributory copyright infringement liability now turns on a service provider’s direct actions, such as its active encouragement or design of its services, rather than on the adequacy of compliance programs.
Tenth Circuit Affirms Fair Use Defense for Documentary’s Use of Video Footage
James BerkleyRuling after panel rehearing, the Tenth Circuit held that documentary filmmakers need not “target” or directly comment on a copyrighted work for its use in a secondary work to be considered “transformative” under the Copyright Act’s four-factor fair use analysis.
Use of Video Still Ruled Fair Use as a Matter of Law
Marc RandazzaA crypto empire that collapsed, a porn actress was at the center of it, and there was a failed attempt to use copyright law as a tool of censorship.
Washington Post Wins Access to Police Use of Force Records
Marietta CatsambasThe court reaffirmed the Maryland Public Information Act’s broad disclosure mandate and held that certain police use-of-force records, including records of highly publicized incidents involving force against members of the public, were subject to disclosure.