Murrow, McCarthy, Moran … and Clooney
George FreemanThe historical parallels are startling between Murrow/McCarthy and the present day: the dangers and abuse of political power, corporate greed and lameness, and—the good news—journalistic courage.
Federal Court Dismisses Justin Baldoni’s Libel Suit Against The New York Times
Alexandra SettelmayerIn an opinion issued June 9, which also dismissed Baldoni’s claims against his movie co-star Blake Lively, Judge Liman dismissed each of Baldoni’s claims against The Times — including defamation, false light invasion of privacy, promissory fraud, and breach of implied-in-fact contract — with prejudice.
Defamation Claim Over Hollywood Feud Article Is Time Barred
Minch Minchin and Rachel E. FugateIn a published opinion following oral argument, the 11th Circuit upheld a dismissal of a time-barred defamation suit filed by a movie producer against his rival and The Hollywood Reporter.
Federal Court Splits Murdaugh Libel Case, Then Denies Media Defendants’ Dismissal Motions
Eric P. RobinsonJudge Gergel denied a motion by the defendants in the federal proceeding to dismiss the case. After reviewing the requirements for a defamation claim under South Carolina law, he concluded that Murdaugh had indeed made sufficient allegations in his original state court complaint to survive a motion to dismiss.
New Jersey Court Promotes Anti-SLAPP in First Appellate Decision
Bruce S. RosenAlthough the decision was narrow, it broadly construed the law, reconciled a court rule to comport with the law, and reconfirmed that a voluntary withdrawal after filing still subjects plaintiffs to mandatory fee shifting.
Florida’s Anti-SLAPP Law Turns 10 And Grows Into A Substantive Immunity
Marc RandazzaWhile Florida’s Anti-SLAPP law is one of the weakest in the United States, the Vericker decision moves it up a few notches.
Florida Judge Denies Motion to Stay Trump’s Defamation Lawsuit Against Pulitzer Prize Board Members
Matt Kristoffersen“Separation of powers protects the Executive from undue burdens imposed by other branches, not burdens which the Executive willingly accepts,” reads the May 29 opinion. “Whether the pursuit of this litigation is in his best interests, or consistent with the responsibilities of his office, is exclusively within Respondent’s purview.”
AG Permits Journalist Subpoenas in Leak Investigations
Lynn Oberlander and Kaitlin M. GurneyThe U.S. Attorney General has updated the policy governing when the news media can be subject to legal process for their sources. The updated regulations permit the Department of Justice (DOJ) to subpoena the media for leak investigations, and for other purposes, rescinding the previous policy.
Farther Down Transformative Use’s Serpentine Path: Second Circuit Holds That Website’s Use of Snake Photo Is Not Fair Use
Robert RotsteinIn perhaps a novel formulation, Judge Leval wrote that the transformative-use test turns on whether the very copying of the original communicates a message different from the original, in contrast to an extrinsic declaration of a new message.
Split Decision: The Video Privacy Protection Act Circuit Clash
Stosh M. Silivos, Sophie L. Kletzien, and Brandon L. LewisIn 2024, the Second Circuit adopted a broad interpretation of the term “consumer” under the Video Privacy Protection Act, significantly expanding potential liability under the Act. The decision was the first appellate court ruling on the issue, but other federal appellate courts have since weighed in, creating a circuit split that places businesses in uncertain territory.
D.C. Judge Blocks Trump Executive Order Targeting WilmerHale
Matt Kristoffersen“The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting,” wrote Judge Leon. “The Founding Fathers knew this!”
Free Speech and Artificial Intelligence
Jeff HermesMessages generated by artificial intelligence present fascinating questions because they can seem like “speech from nowhere,” challenging our preconceptions not only of freedom of speech but of what communication is in the first place. However, focusing on the interests underlying the First Amendment reveals that not much changes from a free speech perspective, because it is not the speaker’s interest that drives most of the analysis.
Ten Questions to a Media Lawyer
Katie TownsendGibson Dunn partner on how she got into media law, returning to Big Law after years leading the Reporters Committee, culture picks and her surprising affection for ice hockey.