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Defamation First Amendment False Statements

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 -
Buckingham, Doolittle & Burroughs, LLC

Defamation vs. Free Speech

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

ArentFox Schiff

Big Lie Means Big Payout in Defamation Lawsuit Against Fox News

ArentFox Schiff on

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

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Danish Cults and Defamation

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

Allen Matkins

Complaints About Cake Did Not Involve The Public Interest

Allen Matkins on

"Qu'ils mangent de la brioche" Who knew that the decorative cake baking industry could be so contentious?  Three years ago, the United States Supreme Court issued its opinion in Masterpiece Cakeshop, Ltd. v. Colo. Civil...more

Womble Bond Dickinson

Additional Thoughts on “The Right to Hide the Published Truth”

Womble Bond Dickinson on

Private citizens have a right to remove significant falsehoods from the public record. The law of defamation clearly allows for retractions and damage payments if provable lies are published....more

Akin Gump Strauss Hauer & Feld LLP

Top 10 Topics for Directors in 2020: Corporate Reputation

Anybody over the age of 40 can recall a time when news was delivered by television, radio and newspapers. Two things that each of those mediums have in common are a substantial capital investment and an existential desire for...more

Ballard Spahr LLP

11th Circuit Affirms Dismissal of Ex-NFL Coach's Defamation Action

Ballard Spahr LLP on

A federal appeals court has ruled that a former Miami Dolphins coach—accused of bullying a player—did not have a valid defamation claim against a law firm that investigated the team's locker room culture....more

Kelley Drye & Warren LLP

Palin v. The New York Times Co.: Newspaper Wins, Palin Loses

Bottom line: On August 29, 2017, Southern District of New York Judge Jed S. Rakoff dismissed, with prejudice, Sarah Palin’s defamation complaint against the New York Times Company. The dispute arose from an editorial first...more

Fisher Phillips

California Employers May Sue For Online Defamation

Fisher Phillips on

The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review...more

Kelley Drye & Warren LLP

Palin v. The New York Times Co.: Newspaper Mounts Robust Defense to Defamation Lawsuit

The New York Times is defending itself against a defamation lawsuit brought by former Alaska Governor and Republican vice presidential candidate Sarah Palin, as the newspaper asserted in a recent motion to dismiss that 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

Kelley Drye & Warren LLP

Defamation Law Series: Trumping Defamation Claims

President Donald Trump and First Lady Melania Trump recently have found themselves embroiled in two separate defamation cases in state courts – but while the President defended himself against claims resulting from his...more

Kelley Drye & Warren LLP

Appellate Court Denies Special Effects Provider’s Request for Discovery Regarding Anonymous Speaker’s Identity in Defamation Case

Last month the California Court of Appeal addressed whether Avongard Products U.S.A. Ltd., doing business as Hydraulx, a preeminent film industry visual special effects provider, made a prima facie showing that certain...more

Holland & Knight LLP

Religious Institutions Update: May 2015

Holland & Knight LLP on

Religious institutions commonly keep ministry supporters and members abreast of developments through newsletters, correspondence and other communications. Sometimes, the developments reported are embarrassing to those...more

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