News & Analysis as of

Libel First Amendment

Spilman Thomas & Battle, PLLC

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

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

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

Jackson Walker

Truth Remains a Strong Ground for Summary Judgment in Texas

Jackson Walker on

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

Kohrman Jackson & Krantz LLP

Gibson’s v. Oberlin College: How False Accusations Led to a $32-Million Dollar Judgement

For the most part, the First Amendment guarantees free speech. But when that speech is false and aimed at inflicting economic harm, it can lead to real liability....more

Davis Wright Tremaine LLP

The Annual Roundup of California Anti-SLAPP Appellate Decisions

In 2019, California’s appellate courts issued 42 published opinions interpreting the state’s anti-SLAPP statute. Cal. Civ. Proc. § 425.16 et. seq. Litigants filed at least 435 anti-SLAPP motions in California’s trial courts...more

Davis Wright Tremaine LLP

Fear Not: New York Times v. Sullivan Heartily Embraced by the Court’s Newest Jurist, Justice Kavanaugh

Justice Clarence Thomas recently triggered profound concern among First Amendment and media lawyers by suggesting that the nation’s high court reevaluate New York Times v. Sullivan, calling that seminal decision, “and the...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Stoel Rives - World of Employment

California Court of Appeal Puts a Small Crack in the Glass Door

An employer who unfairly and inaccurately is slammed by a former employee (or maybe even a current employee!) on a job-posting or employer-rating website will often look to its lawyer for help. Surely the law protects...more

Jackson Walker

Of Free Speech and Thick Skin

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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

Allen Matkins

Removing Elected Officials For Libelous Or Slanderous Statements

Allen Matkins on

Although the above quotation sounds as if it could have been written today, it was in fact penned more than three decades ago as part of the successful ballot argument in favor of Proposition 20. As a result of the...more

Kelley Drye & Warren LLP

Defamation Series: Texas Supreme Court Explains That Courts Should Not Make Editorial Decisions For The Media Re Information...

In Texas, Plaintiff Wade Brady brought claims for libel and libel per se against Carter Publications, Inc., publisher of the newspaper West Fort Bend Star, and one of its writers, LeaAnne Klentzman. Wade alleged that the...more

Jackson Walker

John Edwards argues before the Texas Supreme Court on important libel case that started in 2003

Jackson Walker on

Houston partner John K. Edwards recently argued before the Texas Supreme Court on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County...more

Jackson Walker

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

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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

Davis Wright Tremaine LLP

2015: A Year-End Review of Litigation Using California’s Anti-SLAPP Statute

Annually, California’s Courts of Appeal and the Ninth U.S. Circuit Court of Appeals regularly issue several dozen published opinions interpreting California’s anti-SLAPP statute, Civil Procedure Section 425.16 et seq., and...more

Foley Hoag LLP - Trademark, Copyright &...

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

Gray Reed

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

Gray Reed on

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

Holland & Knight LLP

Religious Institutions - March 2014

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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

Gray Reed

Back From The Land Of Trial Mode: January Quicklinks

Gray Reed on

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

BakerHostetler

Yelp Denied Attempt to Keep Its Online Reviewers’ Identities Anonymous

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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

Katten Muchin Rosenman LLP

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

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

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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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