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Defamation Supreme Court of the United States First Amendment

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

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

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

Ballard Spahr LLP

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

Ballard Spahr LLP on

Summary - An opinion about a category of unprotected speech called “true threats” sheds light on how a majority of the justices may view New York Times v. Sullivan, a key defamation case. It also resolves a split over the...more

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

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Davis Wright Tremaine LLP

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

On Monday, Jan. 27, 2014, the Supreme Court unanimously reversed a $1.2 million Colorado defamation verdict in the case of Air Wisconsin Airlines Corp. v. Hoeper—a notable decision for a court that rarely accepts libel...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Finds Air Carrier Immune From Defamation Claim For Reporting Employee’s Outburst to TSA

On January 27, 2014, the Supreme Court of the United States reversed a nearly $1.2 million jury verdict for defamation against Air Wisconsin Airlines Corporation in a case surrounding the airline carrier’s report about a...more

Morrison & Foerster LLP

SCOTUS: Airlines Are Entitled to Immunity under the Aviation and Transportation Security Act Unless Statements Are Materially...

Yesterday, the Supreme Court issued its decision in Air Wisconsin Airlines Corp. v. Hoeper, 571 U.S. ---, No. 12-315 (2014), holding that immunity for an air carrier under the Aviation and Transportation Security Act, 49...more

Holland & Knight LLP

U.S. Supreme Court Adds "Relevant Reader or Listener" to "Material Falsity" Defamation Analysis

Holland & Knight LLP on

In its decision in Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that "the relevant reader or listener" must be considered in assessing the falsity element in defamation lawsuits. The Air Wisconsin...more

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