News & Analysis as of

Journalists

Of Free Speech and Thick Skin

by Jackson Walker on

It was a memorable 42nd season for Saturday Night Live, bookended by oddly compelling versions of “Hallelujah” by Kate McKinnon’s Hillary Clinton and Alec Baldwin’s Donald Trump. It has not been such a good season for the...more

The Expanding Definition of “News Media” Under FOIA

by Franczek Radelet P.C. on

In the age of Twitter and blogging, it is not always easy to tell who qualifies as a journalist or member of the media. But according to a recent advisory opinion from the Public Access Counselor of the Illinois Attorney...more

Journalists Ponder Future of U.S. Cuba Relations

by Taylor English Duma LLP on

Journalists who cover United States Cuba relations are hopeful but mystified by the potential for improvement under the Trump administration, according to a report from the Miami Herald. Journalists spoke on a panel titled,...more

News-Gatherer not Nightcrawler: District Court Denies NYPD’s Motion to Dismiss Photojournalist’s First Amendment Complaint

by Genova Burns LLC on

The U.S. District Court in Manhattan recently allowed a photojournalist’s complaint against the New York Police Department (NYPD) and City of New York to go forward. In Jason B. Nicholas v. The City of New York, 15-CV-9592,...more

Public Information Act: Trade Secret Loophole Threatens Government Transparency

by Jackson Walker on

Do you trust your government (and what it does with your tax dollars)? If you answered, “No”—or even hesitated a bit—then you probably believe in government transparency. In Texas, a key to open government for citizens and...more

Blogger-Journalist Protected From Defamation Suit By Anti-SLAPP Statute

Are journalists protected by anti-SLAPP statutes? Until last week, the likely answer would have been: “probably not,” at least in Massachusetts. But that was before Cardno Chemrisk, LLC v. Foytlin, a recent opinion by the...more

Presidents and the Press

by Jackson Walker on

Here’s a quiz for you. Match the President to the quote: “He uses tweets to go directly to the public while bypassing journalists.” “[The President] directed [name] to make speeches attacking newspapers and the...more

Fox News Opinions Get Wide Berth Under Defamation Law

by Foley & Lardner LLP on

Megyn Kelly and other Fox News commenters did not defame a Wisconsin firefighter when they said it was “not right,” “disgusting,” and a “fraud” that he “exploited [a] supposed injury” to collect disability benefits “for...more

FDA, research institutions criticized for trying to control public information

It may sound like inside baseball but it’s not. It’s a critical aspect of how federal bureaucrats who work for us, the taxpayers, need to stop advancing their own agendas, and how they should stop trying to control not only...more

Third Circuit Finds Photo Placement Sufficient to Permit Defamation, False Light Claims to Go Forward in Suit Alleging Harm from...

by Reed Smith on

In a case demonstrating the difficulties of applying long-established but arguably outdated legal principles to modern technology, the United States Court of Appeals for the Third Circuit last week reversed itself to permit a...more

Sex and the Stock Photo*

by Jackson Walker on

Despite the high heat of summer, two federal courts have blown a chill wind through the law of online defamation. The courts gave the green light to libel suits over alleged implications from stock or file photos illustrating...more

California Appellate Court Holds Police Video of Arrest Not Protected Under Pitchess

by Best Best & Krieger LLP on

Only a Record Generated as Part of an Internal Investigation is Protected by Pitchess - The California Court of Appeal has ruled in City of Eureka v. Superior Court (Greenson) that a police “dash cam” video of an...more

Trade Secrets Directive Adopted by the European Council

by Reed Smith on

Almost three years after its initial proposal, the Trade Secrets Directive has been formally adopted by the European Council and published in the Official Journal on 15 June (2016/943/EU). Member states will have until 9 June...more

Paul Watler Speaks: Texas Supreme Court Opinions Firm Up Anti-SLAPP Rights For Online Journalists

by Jackson Walker on

Online journalists and scholars from the Americas and around the globe recently gathered at the University of Texas at Austin to assess the state of internet-based journalism. The keynote address of the 16th annual...more

Hulk-Sized Damages in Sex Tape Privacy and Publicity Case

by Dorsey & Whitney LLP on

In 2006, Terry Gene Bollea, better known as “Hulk Hogan,” had sex with his best friend’s wife, Heather Clem. Apparently unbeknownst to either of them, his best friend Todd Alan Clem, now legally known as “Bubba the Love...more

Changes to Immigration Law Block Journalist’s Entry to the U.S.

by Ronald Shapiro on

A BBC journalist was recently rejected from boarding a plane to the U.S. under new immigration rules rules passed in 2015. Rana Rahimpour, a London based journalist with dual British-Iranian citizenship, was attempting to fly...more

The Truth of the Matter – A Successful Defense to Defamation and Product Disparagement Claims

by Dorsey & Whitney LLP on

Years ago, a potential client called to ask if she could be successfully sued for libel if she published a tell-all memoir, revealing the details of a marital affair with a gentleman she intended to identify. My first...more

Update to Visa Waiver Program Restrictions

by Garvey Schubert Barer on

In a blog that we posted just a few weeks ago, I wrote “Beginning in late 2015, individuals who have been present in Iraq, Syria, Iran, or Sudan (or other countries designated by the Department of Homeland Security (“DHS”) as...more

South Carolina Legislative Update

by Moore & Van Allen PLLC on

The South Carolina General Assembly had a very active second week of session, although much of the deliberation occurred primarily in the various subcommittees and committees. A few highlights are as follows...more

What is public can still be ‘private’: European Court of Human Rights halts journalists from re-publishing Finnish citizens’...

by Reed Smith on

In a ruling by the European Court of Human Rights (“ECHR”) handed down in July 2015, the right to respect for individuals’ privacy balance trumped journalists’ right to freedom of expression....more

Mizzou: A Personal Note on Racism, Firings and a Free Press

by Gray Reed & McGraw on

I have been watching the events at my alma mater that led to the resignation of MU System President Tim Wolfe and Chancellor R. Bowen Loftin from afar. While I had heard inklings of discontent, I had no idea it was at this...more

Stacy Allen Speaks: Newsroom Victories During the 2015 Texas Legislative Session

by Jackson Walker on

Sometimes, killing a bad bill can be as important as enacting a good one. So it was for newsrooms during the 2015 session of the Texas Legislature. My partner Paul Watler and I were privileged to assist the Texas Association...more

Public Interest and Corruption

by WilmerHale on

Corporate Crime analysis: What is the relevance of public interest to corruption offences? Alison Geary and Sahil Sinha of international law firm, WilmerHale discuss the implications of the decision in R v...more

What Do You Do When The Ugly Allegations In A Lawsuit Against Your Company Go Viral?

by DLA Piper on

Take your cue from two leading ladies of television – Olivia Pope (Scandal) and Liz Garvey (Babylon). In a world of instantaneous communication and open access to information, Liv and Liz are masters of crisis management....more

Where are you hiding Brian Williams?

by Greentarget on

Brian Williams has every major news outlet — and Saturday Night Live comedian — discussing journalistic integrity because of false statements he made regarding his experiences reporting in Iraq in 2003....more

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