Trump’s Assault on the Media and Law Firms, and How We Should React
George FreemanWhy Trump's attacks on the media and on law firms are both unconstitutional and unfounded, and what all lawyers — and especially media lawyers — can do about them. And a fond remembrance of former New York Times executive editor Max Frankel.
The 2025 Entertainment & Media Law Conference
Jeff HermesOn March 20 in Los Angeles, the MLRC presented its 22nd Annual Entertainment & Media Law Conference in collaboration with our partners at the Biederman Institute at Southwestern Law School. The event brought together in-house attorneys, law firm counsel, filmmakers, and students for a series of fascinating discussions on topics both practical and fundamental. We…
Newsweek Wins Summary Judgment in Satanic Temple Lawsuit
Cameron Stracher and Sara TesorieroApplying the substantive requirements of the New York anti-SLAPP statute, Judge Mary Kay Vyskocil of the Southern District of New York held that no reasonable jury could find by clear and convincing evidence that Newsweek published the relevant statement with actual malice and granted Newsweek’s Motion for Summary Judgment.
Denials of Anti-SLAPP Motions Now Appealable Under Florida Law
Minch Minchin and Rachel FugateFollowing years of uncertainty, including an intermediate appellate court split and an apparent change of heart, the Florida Supreme Court has determined that denials of anti-SLAPP motions are appealable under interlocutory review.
Court Dismisses Defamation Suit by Former Mississippi Governor Related to Welfare Scandal
Donna Jacobs and Haley GregoryThe court found that all four of the allegations of actual malice were conclusory. Then, taking each in turn, the court determined that Rosenberg did not act with actual malice by “ignoring a mountain of objective evidence” proving Bryant’s innocence.
First Amendment & Defamation Claims Against NewsGuard Dismissed With Prejudice
Amir C. TayraniThe decision reaffirms multiple important principles of First Amendment and defamation law, including the fundamental distinction between private conduct (which is protected by the First Amendment) and state action (which is constrained by the First Amendment), the non-actionable status of expressions of opinion, and the high bar that public figures such as Consortium News must meet to plead actual malice.
Court Quashes Document Subpoena to Freelance Journalist
James J. McGuire and Daniela Abratt-CohenApplying both Florida and New York law, the Southern District of New York recognized that a journalist’s notes, interviews, and other newsgathering materials are protected from discovery under the journalist’s privilege.
No Entrance to Legal Paradise: D.C. Court of Appeals Affirms Denial of Copyright Registration for AI-Generated Artwork
Brandon E. HughesThe Court’s ruling is consistent with longstanding law, reaffirming that works exclusively created by AI are ineligible for copyright protection. While this opinion ultimately leaves more nuanced “line-drawing” questions for another day, authors of AI-generated works are likely to continue to register their works with the Copyright Office and engage in legal fights to determine just where those lines fall.
Dua Lipa Wins Summary Judgement in Levitating Copyright Infringement Case
Rachel OhWhile acknowledging that “it is possible that a ‘layperson’ could listen to portions of Plaintiffs’ and Defendants’ songs and hear similarities,” Judge Katherine Polk Failla concluded that “there can be no substantial similarity (and thus no copyright violation) as a matter of law, because ‘the similarity between the works concerns only non-copyrightable elements of the plaintiffs’ work.’”
The Need for a Revised Anti-SLAPP Law in the UK
David HooperIn 2023 the Economic Crime and Corporate Transparency Act introduced an anti-SLAPP law in the UK. It was something of an afterthought.
Arkansas Age-Gating Law Is Permanently Enjoined
Jeff HermesThe decision was a complete win for NetChoice, declaring that the law was a content- and speaker-based restriction that failed strict scrutiny and was moreover unconstitutionally vague.