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May 2024

MediaLawLetter May 2024

in this issue

No Cameras in the Courtroom for Trump Trial Is A Travesty

George Freeman

Why we should be hitting these walls despite a history of thousands of trials being televised without a problem really is inexplicable.

Montana Supreme Court Applies N.Y. Fair Report Privilege to Dismiss Libel Claim by Montana Plaintiff

Adam I. Rich and Laura R. Handman

The Montana Supreme’s Court’s decision is the first by any high court to find that a publisher’s home state has the most significant interest in applying its fair report privilege.

Maine Becomes Seventh State to Enact Uniform Public Expression Protection Act (UPEPA)

Sigmund D. Schutz and Alexandra A. Harriman

UPEPA aims to provide a clear framework for the efficient review and dismissal of SLAPPs.

Louis Farrakhan’s $4.8 Billion Defamation Lawsuit Against Jewish Groups Dismissed

Nathan Siegel and Adam Rich

The court held that Farrakhan failed to plead a defamation claim because the challenged statements were protected opinion, and that he also failed to plead falsity or actual malice.


With the ELVIS Act, Tennessee Shows its Burning Love for Recording Artists

David Zeitlin and Robb Harvey

Tennessee, home to both Music City® (Nashville) and the Blues (Memphis), has taken a swing at regulating generative AI’s potential harm to musicians and recording artists.

Ohio Supreme Court Brings Curtain Down On Covid Data

John C. Greiner & Darren W. Ford

In a decision that could have far-reaching implications for Ohioans' right to know, the Court held that the Ohio Department of Health must withhold official cause of death information contained in ODH's Electronic Death Registration System from the public.

To Seal or Not to Seal—That is the Question

Mackenzie Arnold

The Fifth Circuit vacated and remanded an order from a district court that unsealed a now-settled case allegedly involving revenge porn because the district court applied the incorrect standard for sealing judicial documents.

Top Gun Lawsuit Shot Down

Matt Kristoffersen

The 1983 magazine article “Top Guns” and Paramount Pictures’ recent blockbuster movie Top Gun: Maverick are not substantially similar under copyright law, a California federal judge ruled this month.

Ten Questions to a Media Lawyer

Drew Shenkman

CNN lawyer on his start in the business, hiring outside counsel, Atlanta must-sees and more.