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Defamation › Constitutional Challenges

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
Hinckley Allen

Connecticut Supreme Court Protects Free Speech in Online Racism Dispute

Hinckley Allen on

Amidst an increasingly polarized social climate that often manifests on social media, the Connecticut Supreme Court recently affirmed that calling someone on Facebook a “racist” or “white supremacist” could not be the basis...more

Axinn, Veltrop & Harkrider LLP

Wynn v. The Associated Press, et al.: A Recent Petition for a Writ of Certiorari Highlights Challenges to New York Times v....

Axinn, Veltrop & Harkrider LLP on

The 1964 Supreme Court case New York Times v. Sullivan, which requires public officials to prove “actual malice” to succeed on a defamation claim, was a watershed moment in defamation law. Curtis Publishing Co. v. Butts was...more

Kohrman Jackson & Krantz LLP

Ohio Becomes an Anti-SLAPP State

Kohrman Jackson & Krantz LLP on

On January 8, 2025, Governor Mike DeWine signed the unanimously passed Senate Bill 237, also known as the Uniform Public Expression Protection Act (UPEPA), into law. UPEPA is designed to protect individuals’ constitutional...more

Buckingham, Doolittle & Burroughs, LLC

Ohio Becomes the 35th State to Enact an Anti-SLAPP Statute

Buckingham, Doolittle & Burroughs, LLC on

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

Shipman & Goodwin LLP

Appellate Court Rejects Constitutional Challenge to Connecticut’s Anti-SLAPP Statute, Extends Quasi-Judicial Defamation Immunity...

Shipman & Goodwin LLP on

The Appellate Court’s recent decision in Robinson v. V.D. has a little something for any practitioner who deals with questions of constitutional law or civil procedure. Among other things, the decision held that statements...more

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