10 Questions to a Media Lawyer: Robert Latham
Robert (Bob) Latham is a partner at Jackson Walker in Dallas. 1. How’d you get into media law? What was your first job? It was really a combination of two interests. I studied and fulfilled the major requirements for both political science and communications at Stanford. Then, in law school at UVA, not surprisingly I…
The “Weaponization” of Freedom of Speech
Does NIFLA v. Becerra Demonstrate a Flaw in the First Amendment, or Just a Flaw in its Application? By Jeff Hermes At the end of the last Supreme Court term, the Court released two controversial opinions in First Amendment cases: National Institute of Family and Live Advocates v. Becerra, No. 16-1140 (June 26, 2018) and…
Florida Federal Court Dismisses Lawsuit by Former Major League Baseball Player Against AP, ESPN, and USA Today
Claim Time Barred Under NY Law; Article Substantially Correct; A Fair Report By Allison Kirkwood Simpson A Florida federal district court put an end to a former Major League Baseball (MLB) player’s attempt to sue AP, ESPN, and USA Today for fairly and accurately reporting on his lawsuit against MLB. Nix. v. ESPN et al.,…
Virginia State Court Dismisses Right-Of-Publicity Claim Involving Oscar and Emmy Nominated Documentary Film
By Cindy Gierhart and Christine Walz A Virginia Circuit court dismissed a right of publicity claim against the makers of the short documentary film Edith + Eddie, finding the film depicts a matter of public interest and therefore falls under the newsworthiness exception to the Virginia right-of-publicity statute. Barber v. Kartemquin Films Ltd., Case No….
Nevada Court Grants Anti-SLAPP Motion by the Associated Press on Fair Report Grounds
By Chad R. Bowman and Jay Ward Brown A Nevada state court on August 23 granted a special motion to dismiss brought by The Associated Press (AP) and one of its reporters under the state’s anti-SLAPP statute. Wynn v. The Associated Press. The court dismissed a defamation claim by casino magnate Steve Wynn over an…
Summary Disposition Granted for Detroit News Station in Defamation Suit by Local Businessman Robert Shumake
By Brian D. Wassom & Katherine L. Pullen On June 7, 2018, the Oakland County Circuit Court ruled that WJBK-TV (Fox 2 Detroit) and veteran reporter Rob Wolchek did not defame local Detroit businessman Robert Shumake. Judge Rae Lee Chabot granted Fox 2’s Motion for Summary Disposition and tossed Shumake’s seven-count complaint. The case arose…
West Virginia Federal Court Dispenses With Pharmacist’s Defamation Case Against CBS
By Max Mishkin A federal judge in West Virginia has rejected a pharmacist’s defamation claims arising out of two Peabody Award-winning CBS Evening News reports about the opioid epidemic. Granting CBS’s motion for summary judgment, Judge Joseph R. Goodwin noted that the plaintiff’s pharmacy had “filled eye-popping quantities of pain prescriptions written by reckless doctors,”…
DC Superior Court Granted Anti-SLAPP Special Motion to Dismiss Suit Arising From “Trump Dossier”
By Leslie Paul Machado When it comes to the DC anti-SLAPP statute, the District of Columbia federal court and the DC Superior (trial) Court currently exist in parallel universes: the federal court is likely to conclude the statute cannot be applied in that court (as three separate judges have already held here, here, and here),…
Florida Supreme Court Declines Review of Order Releasing Parkland Surveillance Videos
By Daniela B. Abratt After months of legal wrangling between news organizations and government officials, the Florida Supreme Court in late August finally cleared the way for release of some video depicting the chaotic law enforcement response to the Valentine’s Day mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida. The video, captured…
Hassell v. Yelp: California Supreme Court Affirms Broad Section 230 Immunity
By Thomas R. Burke, Rochelle Wilcox, and Ambika Doran In a closely watched case, the California Supreme Court confirmed it will continue to broadly interpret the immunity provided by Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Hassell v. Bird, S235968 (Cal. July 2, 2018). The court reversed an order requiring the…
From the Executive Director’s Desk: Trump v. the Media: We Must Push Back
By George Freeman The free press in this country is under siege. It has been battered, impugned and undermined every day by a President who has no knowledge of, or care about, the fact that a system of checks and balances undergirds our constitutional democracy. The only question is: what are we, as media lawyers,…
MediaLawLetter August 2018
Download Publication MLRC From the Executive Director’s Desk: Trump v. the Media: We Must Push Back Ten Questions to a Media Lawyer: Bob Latham, Jackson Walker INTERNET Cal.: Hassell v. Yelp: California Supreme Court Affirms Broad Section 230 ImmunityHassell v. Bird ACCESS Florida Supreme Court Declines Review of Order Releasing Parkland Surveillance VideosSchool Bd. of…