First Amendment Libel

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 -
News & Analysis as of

Outlook 2014: Untruthful posts to consumer review websites could result in lawsuits

Q. Are customer comments posted on consumer review websites protected speech under the First Amendment or are individuals who post opinions potentially subjecting themselves to a libel lawsuit? A. While the First...more

New “Twibel” Defamation Opinion Suggests Online Speech May Be Special After All

Many lawyers smirked and scoffed a few months ago when the popular press began touting the Courtney Love “Twibel” trial as a “landmark” case that would set a “major precedent.” In fact, as discussed further elsewhere, it was...more

Florida Court: Blogger Entitled To A Pre-Suit Retraction Demand For Alleged Defamatory Comments

In Comins v. VanVoorhis, a Florida court has addressed the question of whether bloggers should be treated as "publishers" under defamation and libel law...more

When Online Behavior Crosses The Line – The Law On Threats, Libel And Just Being Rude

A frequent question we get is what can we do about the online posting about me? Often times, the answer is not much. Lawyers can only help when the online conduct crosses the line into a cognizable cause of action. Figuring...more

Religious Institutions - March 2014

Under state and federal law, "whistleblowers" are a protected class and a broader category of persons than intuitively you might guess. When we imagine the quintessential whistleblower, the individual is usually someone who...more

Back From The Land Of Trial Mode: January Quicklinks

There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial. So, we share with you some of the articles we have been reading, but just haven’t had...more

Yelp Denied Attempt to Keep Its Online Reviewers’ Identities Anonymous

In 2012, a local rug cleaning company in Virginia, Hadeed Oriental Rug Cleaning (“Hadeed”), filed a defamation action against the authors of seven critical reviews it received on Yelp, indicating that the reviews falsely...more

Weekly Law Resume - January 2014: Defamation – Plaintiffs Limited To Recovery of Special Damages Based on Failure To Demand a...

Deepak Kalpoe, et al. v. The Superior Court of Los Angeles County - Court Of Appeal, Second Appellate District (December 17, 2013) - In lawsuits for libel or defamation against certain publications and broadcasters,...more

Attention Internet publishers: Linking limits libel liability

When the Internet was young, and the thrills of hypertext linking were still new, hyperlinks were viewed as a potential source of liability. I wrote about linking liability then, and followed up a few years later, as more...more

Football & Free Speech: Third Circuit Vidgame Decision Has Broader Implications for Reality-Based Works

42, 127 Hours, Act of Valor, Argo, Dolphin Tale, Fair Game, Green Zone, I Love You Philip Morris, Moneyball, People Like Us, Sanctum, Secretariat, Soul Surfer, The Bling Ring, The Fighter, The Runaways, The Whistleblower,...more

Jackson Walker's VIA Media Postcard - November/December 2012

In This Issue: - Paul Watler's Perspective: One of the few places of refuge from the political campaign advertising onslaught was public television and radio. That may change depending on a little-noticed First Amendment...more

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