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Defamation › First Amendment › Public Figures

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 -
Axinn, Veltrop & Harkrider LLP

Recent Decision Shows the Heavy Burden of Actual Malice in Defamation Suits

Axinn, Veltrop & Harkrider LLP on

Ever since the landmark case New York Times Co. v. Sullivan, 376 U.S. 254 (1964), to succeed on a defamation claim, plaintiffs who are also public figures have a constitutional requirement to show that the defendant acted...more

Weintraub Tobin

The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss

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In this installment of The Briefing, Scott Hervey & Jessica Corpuz cover the landmark defamation case Copeland v. Netflix—dissecting the high bar for public figures to prove defamation and the critical concept of “actual...more

Weintraub Tobin

(Podcast) The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss

Weintraub Tobin on

In this installment of The Briefing, Scott Hervey & Jessica Corpuz cover the landmark defamation case Copeland v. Netflix—dissecting the high bar for public figures to prove defamation and the critical concept of “actual...more

Sands Anderson PC

Patel v. CNN: Public Figures Suing the Media for Defamation Lose Most of the Time

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In a case, as they say, ripped from the headlines, the Virginia Court of Appeals has put on a clinic explaining the inter-play between the First Amendment and defamation law.  The Court, in Patel v. CNN  made clear that...more

Epstein Becker & Green

The Second Circuit Revives Sarah Palin’s Defamation Suit Against The New York Times

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The Second Circuit Court of Appeals has once again revived Sarah Palin’s longstanding defamation suit against The New York Times. The Second Circuit’s opinion highlights important procedural and substantive issues in...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Danish Cults and Defamation

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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

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

Butler Snow LLP

First Amendment Protects Radio Station’s Criticism of NCAA Referee

Butler Snow LLP on

On Thursday, February 27, 2020, the Sixth Circuit affirmed dismissal of an NCAA referee’s lawsuit against a Kentucky radio station for allegedly inciting harassment against him and his roofing business through its coverage of...more

Robins Kaplan LLP

The Second Circuit Eliminates Iqbal Hearings

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The Second Circuit has breathed new life into Sarah Palin’s case against the New York Times by rejecting the use of an unusual “Iqbal” hearing to determine the plausibility of her allegations....more

Troutman Pepper Locke

#MeToo and the Media

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In the past year, allegations of sexual misconduct have regularly made headlines in top news outlets across the United States. The #MeToo movement has encouraged many individuals to make public the details of sometimes...more

Kelley Drye & Warren LLP

Without Doubt, Anonymous Sources Do Not Equate to Actual Malice

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On April 25, 2018, the Second Circuit affirmed the district court’s dismissal of Venezuela’s “Number Two” politician’s, Diosdado Cabello-Rondon (“Cabello”), libel suit against Dow Jones & Company, Inc. (“Dow Jones”). The...more

Ballard Spahr LLP

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

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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

Kelley Drye & Warren LLP on

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

Kelley Drye & Warren LLP

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

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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

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