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July 2020

MediaLawLetter July 2020

Second Circuit holds California anti-SLAPP law does not apply in federal court; Lenny Dykstra strikes out in suit against former Mets teammate and book publishers; the attack on New York Times v. Sullivan; New York court rejects prior restraint of Mary Trump book; a taxonomy of censorship; and more.

in this issue

2020 Virtual Conference:New, Improved and Different

George Freeman

The decision to turn our much anticipated, in-person Virginia Media Law Conference into a virtual conference was at the same time very difficult and very easy. It was difficult largely because of timing. I had given myself a mid-August drop-dead date: six weeks before the event seemed like enough time to make the pivot and…


Private Control of Speech: A Taxonomy of Censorship

Jeff Hermes

On Tuesday, July 28th, the MLRC hosted a town meeting-style discussion on the issue of censorship by non-governmental entities, whether that involves moderation of social media, selections of content for a newspaper op-ed page, employment decisions based on extramural writings, or any other type of adverse consequences triggered by another’s speech. I was impressed by…


Second Circuit Holds California Anti-SLAPP Law Does Not Apply in Federal Court

Jonathan Bloom

The Second Circuit has joined those circuits that have found state anti-SLAPP laws inapplicable in federal court on the ground that they conflict with the Federal Rules of Civil Procedure, possibly positioning the issue for Supreme Court review. In the meantime, the court’s July 15, 2020 ruling in La Liberte v. Reid, No. 19-3574, 2020…

Lenny Dykstra Strikes Out in Suit Against Former Mets Teammate and Book Publishers

Robert Balin and Kathleen Farley

News flash. That most elusive of legal creatures, a “libel-proof” plaintiff, has been found in New York City. And it’s Lenny Dykstra—the bad boy of baseball. Former NY Mets slugger Dykstra—whose misdeeds on and off the field are legendary—brought suit against his former Mets teammate, pitcher Ron Darling, as well as Darling’s co-author Daniel Paisner…