MediaLawLetter March 2023
Tennessee Journalists Prevail in Reverse Public Records Dispute Regarding Naomi Judd’s Death; The Court and the Press in the Murdaugh Murders Trial; Filmmakers & Netflix Win Summary Judgment in “Making a Murderer” Defamation Lawsuit; Utah Becomes First State to Regulate Social Media Use by Minors; and more.
A Sunshine Double: Recapping MLRC Conferences in Los Angeles and Miami
George FreemanMRLC's executive director on the Entertainment Law and Latin American Media Law Conferences, held in March.
Tennessee Journalists Prevail in Reverse Public Records Dispute Regarding Naomi Judd’s Death
Robb S. Harvey and Quynh-Anh D. KiblerThe procedural battles were unique, to say the least. Ultimately, the media’s requests were fulfilled, and the Judd family voluntarily dismissed their lawsuit.
The Court and the Press in the Murdaugh Murders Trial
Jay BenderOn balance, the press members who were in Walterboro deserve as high a grade as the individuals who worked very hard to fulfill the provision in the South Carolina Constitution that all courts are public.
Significant FOIA Win to Gain Access to MLAT Records on Mexico’s Former Secretary of Defense
Victoria Baranetsky, Dara Gray, and Anise McKinneyBeyond denying the use of a categorical exemption, this case is a unique win because it marks the first time a court has ordered a search of documents when a Mutual Legal Assistance Treaty is at issue.
Courthouse News Service Continues Its Winning Streak
Jack Greiner and Darren W. FordCourthouse News secured another victory in its efforts to preserve prompt access to electronically filed complaints, obtaining a preliminary injunction against the Franklin County, Ohio Clerk of Courts barring her office from restricting public access to newly filed non-confidential complaints, and directing her to make such complaints available to the public and press.
Filmmakers & Netflix Win Summary Judgment in “Making a Murderer” Defamation Lawsuit
Kevin VickThe Court’s summary judgment ruling was a ringing affirmation of Sullivan and the importance of legal protections for free speech.
Third Time’s a Charm: Tennessee Federal Court Dismisses Complaint Against Comedian Kathy Griffin for Lack of Personal Jurisdiction
Michael J. GrygielThis decision contributes to a body of developing case law in which courts have refused to indulge forum-shopping attempts by putative plaintiffs aggrieved by criticism on social media.
Texas Supreme Court Reaffirms Protection for Opinion
Samuel W. CalkinsThe Court held unanimously that the statements were opinions in the context of the national abortion debate.
New York First Department Affirms Dismissal of “Brooklyn Land Shark” Case
Matthew LeishA defendant who prevails on an anti-SLAPP motion to dismiss may recover its attorneys’ fees without the need to file a counterclaim or a separate lawsuit.
Utah Becomes Fourth State to Enact the Uniform Public Expression Protection Act
Jeffrey J. Hunt and David C. ReymannThe road to enactment of UPEPA in Utah had its share of twists and turns. In the end, it was some good timing and the involvement of a respected former state legislator that made the difference.
Large Coalition of Media and Non-Media Groups Push Back on Proposed Changes to Texas’s Anti-SLAPP Statute
Reid PillifantEliminating the automatic stay would loosen free-speech protections for all Texans, but the bill stands to have a particularly detrimental effect on media organizations that operate in the state.
Satanic Temple Lawsuit Against Newsweek Magazine Largely Dismissed
Cameron Stracher and Sara TesorieroThe Southern District of New York held that twenty-one of the twenty-two statements were not defamatory as a matter of law.
Utah Becomes First State to Regulate Social Media Use by Minors
David C. ReymannThe two laws have drawn national attention in part because of the increasing focus on supposed harms social media platforms are causing minors, but also because they test, if not far exceed, the outer constitutional limits of regulating private speech.
Agent of “Notorious RBG” Photographer Lacks Statutory Copyright Standing
Amanda BarkinThe art world’s obsession with using RBG as its muse, lives on. As does legal controversy that surrounds that art and its reproduction.
Ten Questions to a Media Lawyer: Sigmund Schutz
Maine lawyer on breaking into the business, high profile cases, places to eat in Portland, and more.