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First Amendment › Defamation

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Cranfill Sumner LLP

Defamation and Reputation Management in the Digital Age

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Defamation is the act of communicating false statements about a person that injures their reputation. Legal protections for a person’s reputation go back to common law and were well developed over the past two centuries....more

Ballard Spahr LLP

Pennsylvania Protects Press Freedom, Passes Anti-SLAPP Statute

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Yesterday, July 17, 2024, Pennsylvania joins more than 30 states that have enacted anti-SLAPP laws, providing protection to journalists and media outlets from meritless claims....more

Kohrman Jackson & Krantz LLP

Understanding Defamation vs. Free Speech: A Guide for Dealing with Online Defamation

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The distinction between defamation and free speech often confuses those dealing with online issues. While free speech is a protected right under the First Amendment of the U.S. Constitution, it does not shield individuals...more

Buckingham, Doolittle & Burroughs, LLC

Defamation vs. Free Speech

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The concepts of defamation and free speech often collide, raising questions about where the line should be drawn between the right to express oneself and the responsibility to prevent harm to others. While free speech is one...more

Weintraub Tobin

The Briefing: Defamation by Docudrama – Inventing Anna ARCHIVE (Podcast)

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In this archive episode of "The Briefing," Scott Hervey discusses a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix over her portrayal in the docudrama “Inventing Anna.”...more

Weintraub Tobin

The Briefing: Defamation by Docudrama – Inventing Anna ARCHIVE

Weintraub Tobin on

In this archive episode of "The Briefing," Scott Hervey discusses a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix over her portrayal in the docudrama “Inventing Anna.”...more

Epstein Becker & Green

“They Said What?! I’ll Sue!” – Litigating Defamatory Claims – Speaking of Litigation Video Podcast

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As the spotlight on high-profile judgments intensifies, terms such as “libel,” “slander,” and “defamation” permeate public discourse. Former U.S. presidents, A-list celebrities, and even college professors and local business...more

Weintraub Tobin

(Podcast) The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update

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In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The...more

Weintraub Tobin

The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update

Weintraub Tobin on

In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The...more

Buckingham, Doolittle & Burroughs, LLC

Can I Sue the Media for Defamation?

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Freedom of the press is a crucial component of the First Amendment of the Constitution and our society as a whole. While most media entities take the protections provided by the First Amendment seriously and do an excellent...more

Littler

SLAPP Back: Colorado Court of Appeals Addresses Protection Against “Vengeful” Online Posts

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On November 30, 2023, the Colorado Court of Appeals in Tender Care v. Barnett tested the limits of Colorado’s anti-SLAPP law in considering whether an individual’s online review of a company could invoke the protections of...more

Buckingham, Doolittle & Burroughs, LLC

What is an Anti-SLAPP Statute?

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If you are considering filing a defamation lawsuit or other speech-based claim, you are likely aware that your claim may be challenged based upon free-speech principles or that the defendant may claim that their conduct is...more

Ballard Spahr LLP

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

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Summary - An opinion about a category of unprotected speech called “true threats” sheds light on how a majority of the justices may view New York Times v. Sullivan, a key defamation case. It also resolves a split over the...more

Jackson Walker

Supreme Court of Texas Runs at the Low Hurdle of Prima Facie Evidence in Anti-SLAPP Motion Practice

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Last week, the Supreme Court of Texas addressed the quantum of evidence required for a plaintiff to support a prima facie case and survive a motion to dismiss brought under the Texas Citizens Participation Act, Texas’s...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, April 2023

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ChatGPT’s Impact on Education and Student Data Privacy - Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more

ArentFox Schiff

Big Lie Means Big Payout in Defamation Lawsuit Against Fox News

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Immediately before opening statements were to begin, Dominion settled its defamation lawsuit against Fox News for its coverage of Donald Trump’s “Big Lie” about the 2020 presidential election for a landmark $787.5 million. ...more

Bradley Arant Boult Cummings LLP

Green Light at the Intersection of First Amendment and Patent-Related Speech

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Patent owners worry about what they can and cannot publicly say about infringement of their patent rights. Accused infringers may believe that certain public statements by patent owners are actionable on the basis that such...more

McDermott Will & Emery

Free Speech Illuminates Right to Allege Infringement

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The US Court of Appeals for the Federal Circuit reversed a district court’s preliminary injunction prohibiting a patent owner from communicating its view that a competitor infringed, finding that the speech restriction was...more

International Lawyers Network

Just Humor Them: Jests, Jokes, Satire, and Parody In Infringement and Defamation Cases

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I thought of that story, and the unique power humor has, literally and legally, to disarm many who might otherwise complain over any number of legal issues and perceived slights. For even though, as one writer noted, some...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Danish Cults and Defamation

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This week, the Ninth Circuit addresses the First Amendment “limited-purpose public figure” doctrine in the context of a charitable organization’s fundraising activities.  The Court holds that charitable organizations...more

Venable LLP

Truth Remains an Absolute Defense Against Defamation Claims

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​​​​​​​A Michigan State Court recently dismissed claims against Euclid Media Group, the parent company to several media properties, including Deadline Detroit, Inc. (“Deadline”), for publishing articles about a Plaintiff’s...more

Miller Nash LLP

Off the Clock in Oregon but Maybe on the Hook

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Despite Hollywood’s most recent high-profile case with Amber Heard and Johnny Depp, defamation cases are notoriously difficult to win and often susceptible to pretrial dismissal. Yet, a recent Oregon Supreme Court case—Lowell...more

Jackson Walker

Truth Remains a Strong Ground for Summary Judgment in Texas

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A Texas court reaffirmed last month that truth is still a strong defense, at the summary judgment stage, to a defamation claim against a newspaper regarding a matter of public concern. In Gallaher v. Denton Media Company, the...more

Holland & Knight LLP

Virginia's Not For Lovers: Why Virginia May See More Defamation Claims After Depp v. Heard

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In the wake of the recent six-week-long trial and defamation verdict in favor of Johnny Depp in Virginia's Fairfax County Circuit Court, many are asking what led to this outcome. Holland & Knight litigators share three...more

Jenner & Block

Amicus Brief Urges Ohio Supreme Court to Hear Appeal in High-Profile Case about First Amendment Protections

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Jenner & Block filed an amicus brief on behalf of the NAACP and the Ohio State Chapter of the NAACP urging the Ohio Supreme Court to hear Oberlin College’s appeal in Gibson Bros, Inc., et al., v. Oberlin. Oberlin is...more

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