MediaLawLetter February 2025
Federal Judge Declines to Block White House Ban on AP — for Now; Wisconsin Court Dismisses Suit Against News Organizations Over Political Ad; Judge Grants Summary Judgment Against Fair Use Defense in AI Context; Ten Questions for Natalie Spears and more.
A Movie on How ABC Covered the Massacre of Israeli Athletes at the 1972 Munich Olympics
George FreemanThe film presents many journalistic ethical questions which perhaps first played out in this dramatic 1972 situation, but have recurred often since then; and, perhaps most important in these depressing times where the media has been beaten down by everyone from the President to voices of public opinion, it makes journalists look good, if not actually heroic.
Ten Questions to a Media Lawyer
Natalie SpearsDentons attorney on the Hill Street Blues character who piqued her interest in law; the excitement of doc review and righteous access motions for a young associate; her identical twin sister; Chicago must-sees and more.
Federal Judge Declines to Block White House Ban on AP — for Now
Gabe Rottman and Chris YoungJudge McFadden, however, suggested at the hearing that the ban is likely a form of content- and viewpoint-based discrimination, and left open the possibility that he could ultimately rule in the news outlet’s favor following a second hearing scheduled for March 20.
Connecticut Supreme Court Holds Calling Someone a “White Supremacist” Is Not Defamatory
Alexa T. Millinger and Rose Athena CollinsIn an ever-increasingly polarized climate, Murphy offers some guidance as to when inflammatory language may be legally actionable.
Texas Court Dismisses Former Nigerian Ambassador’s Defamation Claim Against News Website
Barclay ProctorThe Court dismissed the entire action without prejudice, finding it was not within its power to consider the Defendants' other alleged bases for dismissal once it found that it lacked jurisdiction.
Nevada Supreme Court Rules that Declaratory Relief Claims Subject to Anti-SLAPP Statute
Matthew S.L. CateThe decision reaffirms and further clarifies its prior holding that the anti-SLAPP law is not limited “to only certain claims for relief.” And it reverses a trial court that expressed concern that granting the anti-SLAPP motion—thereby triggering the law’s mandatory fee-shifting provision—would “punish” a police union that has sued the Review-Journal for publishing lawfully obtained video footage of officers working at a local jail.
The Illinois Anti-SLAPP Statute: An Autopsy and Hope for the Future
Gregory R. NaronThe Illinois Supreme Court’s nullifying interpretations of the CPA have exposed Illinois journalists and news outlets to intimidating SLAPP litigation and have done a disservice to its citizens. It is long past time for a new beginning.
Wisconsin Court Dismisses Suit Against News Organizations Over Political Ad
Anna KaulThe decision delivered a strong victory for early dismissal of suits involving protected speech – in a state without an anti-SLAPP law.
Producer of Cosby Show Defeats Claims Brought Under the Adult Survivors Act
Kimberly Klein and Rebecca Zittell GreenThe trial court ruled that Ms. Pinkerton’s claim was not revived by New York’s ASA because the alleged assault occurred outside of New York State and Ms. Pinkerton was not a New York resident at the time.
Judge Grants Summary Judgment Against Fair Use Defense in AI Context
Rachel OhIt is still early to predict what impact this case will have on the pending infringement cases against OpenAI and other generative AI companies. But Judge Bibas’s recognition of a “AI training data market” will certainly be cited by plaintiffs in those cases.
The Other Side of Leak Investigations: Defending the Press and Reporters
Eric R. Nitz & Kenneth E. Notter IIIThe Department of Justice has a variety of statutes at its disposal to investigate and potentially prosecute government employees who leak and the journalists who receive leaked information. Yet with skilled counsel, targets of leak investigations can successfully navigate these investigations by following certain best practices and staying ahead of the likely trends in leak investigations that are coming over the next four years.
Novel First Amendment Case Alleges PETA’s Right to Receive Communications from Monkeys in Federal Lab
Ashley RidgwayGovernment-funded laboratories confine and experiment on millions of animals each year, including highly intelligent primates. A federal court could soon decide whether Americans have the right to receive their communications, in response to an animal advocacy group’s groundbreaking lawsuit.