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June 2022

MediaLawLetter June 2022

in this issue

MLRC Zoom Preview: Judge Michael Luttig – Trump’s Shenanigans in the 2020 Election Were Just a Dry Run for 2024

George Freeman

Former Fourth Circuit Judge Michael Luttig will discuss 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.


Ten Questions to a Media Lawyer: Randy Shapiro

Randy Shapiro

Bloomberg Global Newsroom Counsel and MLRC Board Chair on career, books, advice for law firm lawyers courting media clients, and those trying to break in to the business.

How Virginia Law Paved The Way for Depp v. Heard

Brandon H. Elledge, Timothy Taylor, Christine N. Walz, and Caitlin A. Eberhardt

In the wake of the recent trial and verdict in favor of Johnny Depp in Virginia's Fairfax County Circuit Court, many are asking what led to this outcome. Holland & Knight litigators share three factors that led to this result.

Roy Moore Defamation Claim Over Political Ad Headed to Trial

J. Evans Bailey

The trial will mark the second defamation trial in Alabama in the last six months related to allegations of sexual impropriety which arose during Moore’s 2017 campaign for the United States Senate seat vacated by Jeff Sessions.


News Anchor’s Right of Publicity Claims Can Proceed to Discovery

Tobin Raju

The court recognized Hepp sufficiently alleged that she had spent considerable time and effort cultivating an image, implying, but not expressly holding, her image had commercial value.

Second Circuit Affirms CNN Win in Devin Nunes Lawsuit

Stephen J. Fuzesi & Matthew J. Greer

In a ruling that hinged on a choice-of-law determination in favor of California law, the Second Circuit affirmed the dismissal of a defamation lawsuit filed by former California Congressman Devin Nunes against CNN arising out of coverage of the first Trump impeachment.


Eleventh Circuit Weighs in on First Amendment Rights of Online Platforms, as Parallel Case in Fifth Circuit Takes Swift Detour to Supreme Court

Jeff Hermes

May 2022 was a dramatic month for cases heard by the Fifth and Eleventh Circuits raising First Amendment challenges to state laws that purport to regulate social media sites.

Second Circuit Holds that Facebook Is Not a State Actor Based on Content Removal

Alexa Millinger and Daniela Mays-Sanchez

The Second Circuit affirmed that Facebook did not violate plaintiff’s Constitutional rights to free speech and due process by allegedly deleting and blocking his Facebook posts.

Court Allows Twitter Account Suspension Action to Partially Proceed Past Dismissal Stage

Giselle Girones

Twitter had moved to dismiss the complaint under Section 230.

Supreme Court Forecloses Bivens Remedies for First Amendment Retaliation Claims and Drastically Narrows Fourth Amendment Scope

Gillian Vernick

The Court slammed the door shut on Bivens remedies for First Amendment retaliation claims, completely foreclosing authorization of monetary damages for such constitutional violations by federal officers.


Eighth Circuit: Arkansas State Contractors Must Sign “No Israel Boycott” Certifications

Mike Nepple

The court found that, when narrowed by canons of construction and legislative history, the law does not reach normally protected expressive conduct that often comes with boycotts.


Minnesota Court Quashes Subpoena to Local Reporter Who Interviewed Jailed Suspect

Isabella Salomão Nascimento

The ruling is a clear recognition of the strength of the Minnesota Free Flow of Information Act, its processes, and the Act’s expansive definition of who qualifies for its protection.

California Recognizes “Constructive Denial” Doctrine Under Public Records Act

Steven Zansberg

The court’s holding that the reporter was entitled to bring his lawsuit challenging the non-response has far-reaching consequences and has been hailed as a major victory for transparency in California.

Banks v. Cadwalladr – Meaning, Intention & Public Interest

Emma Linch

The length and detail of the judgment demonstrates the level of detail required to succeed in a public interest defence.

A New World of Intangible Property: NFTs and IP Rights

Milton Springut and Stephanie M. Smith

An exploration of some of the potential intellectual property challenges, strategies, and controversies that may arise around NFTs.