MediaLawLetter September 2021
At Long Last: A Successful In-Person Virginia Conference
George FreemanIf the operative quote of the last 20 months was “You have to unmute yourself,” the most oft spoken words at the Conference were, “This is so much better than Zoom.”
Eighth Circuit: Post-Complaint Hyperlink to Unchanged Story Constitutes a Republication, May Show Actual Malice
Mike NeppleA federal court partially reinstated Devin Nunes’s defamation lawsuit over an Esquire article, determining that some libel-by-implication claims were actionable, and that a post-publication tweet, after the reporter had received Nunes’s denial, could evidence actual malice.
Illinois Court Upholds Summary Judgment in Favor of Crain’s Chicago Business Against Attention-Seeking Tech CEO
Steven Mandell and Brian SaucierThe court entered summary judgment in favor of the defendants, finding that Joseph Fox was a limited purpose public figure who failed to introduce any evidence of actual malice, that the statements in the article were substantially true, and that one of the statements was not actionable under the Illinois innocent construction rule.
Florida Court Applies Fair Report Privilege to Toss Former State Investigator’s Libel Suit Against Local Station
Karen Williams KammerThe court entered final summary judgment in favor of the station and reporter Bob Norman, finding, among other things, that what they had reported was true in all material respects.
Media Clients Exonerated in Maine Libel Case
A federal judge sided with Maine ‘s two largest newspapers in a libel lawsuit filed four years ago by a former VA doctor.
Illinois Court Sends Windy City Rehab Defamation Claims to California
Steven Mandell and Brian SaucierAlthough upholding the lower court’s decision, the Illinois Appellate Court arguably crafted a new framework to determine whether a forum selection clause applied to tort claims.
Chief Judge Rejects Government’s Security Argument in Request for Capitol Riot Videos
Lauren Russell, Maxwell S. Mishkin and Charles D. TobinA coalition of 16 news media organizations has now litigated the release of more than 100 exhibits of video evidence submitted in the prosecutions of the participants in the January 6 riot at the U.S. Capitol.
Utah Supreme Court Gives Victory to Journalist Seeking Access to Records of Closed Criminal Investigation
Jeffrey J. Hunt, David C. Reymann, and Jeremy M. BrodisThe Court held that the right of judicial appeal of such decisions under the Government Records Access and Management Act (“GRAMA”) rests only with the “political subdivision” or the “requester.”
Home Renovation Showdown: Summary Judgment for Discovery in Actress’s Copyright Claim
Daniel Kaufmann and Austin M. HagoodThis opinion is significant among Eleventh Circuit case law because it discusses in detail the issues of access, substantial similarity, and independent creation despite finding that each issue separately afforded grounds for summary judgment.
Think Twice Before Recording that Zoom: Court Finds No First Amendment Right to Record Live-Streamed Court Proceedings
Rian C. DawsonThe question before the Court was whether Somberg, an attorney, was entitled under the First Amendment to obtain photo-audio-video records of courtroom proceedings streamed outside the courtroom.
All Animals Are Equal: Eighth Circuit Reverses Dismissal of First Amendment Challenge to Arkansas Ag-Gag Law
Mike NeppleIn Animal Legal Defense Fund v. Vaught,the court reversed the dismissal of a lawsuit challenging an Arkansas “ag-gag” law, which allows commercial facilities to sue parties for conducting undercover investigations into farm animal welfare and recover up to $5,000 per day in damages.
Landmark Defamation Decision in Australia Says You Are Liable for the Comment Section
Peter Bartlett and Tess McGuireIn a decision with far-reaching ramifications for social media engagement in Australia, the country's top court ruled that media companies may be liable for allegedly defamatory comments left by readers on their Facebook posts.
Remarks of Barbara Wall Presenting MLRC’s First Amendment Leadership Award to Lee Levine
Barbara WallAn address honoring the recently retired attorney on the final day of MLRC’s 2021 Media Law Conference in Virginia.
Remarks of Jim McLaughlin Presenting MLRC’s First Amendment Leadership Award to Kurt Wimmer
Jim McLaughlinAn address honoring the late Kurt Wimmer, longtime media attorney and former MLRC board member, at the bi-annual Media Law Conference in Virginia.