Thomas Calls for Reconsidering New York Times v. Sullivan
Well, it's Judge Bradford Thomas of the Florida Court of Appeal, but still an interesting synthesis of recent criticisms, with some extra analysis added.
Libel
Extra Remedies for Libel if the Libeler Chose Target Based on Race, Religion, Sex, Etc.?
A lawsuit claims N.Y. law authorizes this; if it prevails, expect many more such claims in a wide range of libel cases.
#MeToo/#TheyLied Among the Communists / "Anti-Fascists" / Left Anarchists: This Time About Personal Jurisdiction
“The allegedly defamatory statements Ms. Legarde made included not just online posts but defamatory statements in calls and emails to six people whom Ms. Legarde allegedly knew were Vermont residents and who were associated with Plaintiff through Vermont-based organizations.”
#TheyLied and the Fair Report Privilege
"A person cannot confer [the privilege for fair report of court filings] upon himself by making the original defamatory publication himself and then reporting to other people what he had stated"
Merely Retweeting Link to Old Article Doesn't Restart Statute of Limitations
So holds the court in a libel lawsuit brought by Jerry Falwell, Jr.'s former personal trainer.
Lawyer's Letter to School Seeking Money for Long-Past Alleged Sexual Abuse by Ex-Teacher May Be Libelous,
notwithstanding the “litigation privilege,” if the statute of limitations has long passed and there is therefore no reasonable prospect of meritorious litigation.
"No One Knows What the Jury Will Make of the Parties' Social-Media Slings and Arrows"
Advice from a judge to the litigants in a libel case.
Dismissed Professor vs. Student Libel Lawsuit Leads to Sanctions Requests, Denied All Around
"The statements include that Hubbard ... has been 'advocating for pederasty (pedophilia) for as long as he has taught at the University of Texas.'"
Dominion Voting Libel Suit Against Fox News Can Go Forward
"Dominion's well-pleaded allegations, however, support the reasonable inference that Fox's reporting was not accurate or dispassionate."
Gen. Michael Flynn's Brother v. CNN Lawsuit Over Allegations of Being a "QAnon Follower"
can go forward as to the "false light" claim, but not as to the libel claim (at least unless the plaintiff can amend his Complaint to adequately allege specific economic losses).
"Dating an Actress … Would Not Cause 'Public Hatred,' 'Shame,' [or] 'Ridicule'"
MyPillow founder Michael Lindell loses lawsuit over allegedly false claim that he had a "secret romance with 30 Rock actress Jane Krakowski and wooed her with flowers and champagne."
Religious Freedom Doesn't Bar Discovery in Libel Case By High-Level N.H. Catholic Priest Against Dissenting Group
“The Very Reverend Georges F. de Laire, J.C.L., who serves as the Judicial Vicar and the Vicar for Canonical Affairs for the Diocese of Manchester, brings a defamation claim against Gary Michael Voris, Anita Carey, and St. Michael’s Media, Inc. a/k/a Church Militant.”
Zoom Workshop on Prof. David McGowan's Forthcoming "A Bipartisan Case Against New York Times v. Sullivan"
A discussion with Prof. RonNell Andersen Jones (Utah), two noted media lawyers and clinical teachers (Prof. Dale Cohen, UCLA, and Prof. Gregg Leslie, Arizona State), and me about this forthcoming Journal of Free Speech Law article.
Is It Defamatory to Falsely Call Someone a Racist, White Supremacist, Socialist, or Communist?
No, because courts conclude that those terms are just opinions and name-calling.
Political Candidate Can't Sue Critics Pseudonymously, Under Seal, with Gag Order
"Plaintiff is an adult who chose to enter the political arena and now to file this litigation, asserting claims against Defendant as a result of Defendant's alleged statements and activities concerning Plaintiff and Plaintiff's political campaign."
Libel Lawsuit Over Allegedly Forged Police Report Finding Plaintiff Had Assaulted His Girlfriend
"After Murray relocated to another state, he contacted the Oceanside Police Department. He then learned the police report he received from Eva-Zacchara had been altered to support her version of events. The real police report concluded 'no assault could be substantiated.'"
Court Allows Discovery of Funding Sources for Nunes Family Farms' Libel Lawsuit
against Esquire and Ryan Lizza.
Gen. Michael Flynn's Brother v. CNN Libel Lawsuit Over Allegations of Being a "QAnon Follower"
A Magistrate Judge has just issued a Report and Recommendation recommending that the case be dismissed, on the grounds that the allegations were substantially true.
Nigerian Separatist Group Sues Wash. Times, U. of Baltimore, Professor for Libel
The lawsuit is brought by the group Indigenous People of Biafra, which has been labeled a terrorist group by the Nigerian government.
$400K Libel Judgment in Lawsuit Over Statements During Election Campaign
Such libel cases aren't easy to win, but sometimes they can indeed be won.
Radically Incomplete Reports of Legal Proceedings as Libels
A new short article of mine, calved off my duty-to-take-down-libels article; I'd love to hear feedback, especially suggestions for a clearer title.
Court Orders #MeToo Plaintiff Not to Mention Defendant's Name in Public
The unusually named case is Doe v. Anonymous #1, now pending in Brooklyn state trial court.
Ohio Court Refused to Block Stephanie Grisham from Repeating Allegations Against Congressional Candidate, Ex-Trump Staffer Max Miller
Miller had asked the court to issue a temporary restraining order; no, said Judge Emily Hagan (Cuyahoga County Court of Common Pleas).
Draft of Proposed Amicus Brief in Anti-Libel Injunction / Society for Creative Anachronism Case
Should I file it in a Gothic font?
Libel in the Society for Creative Anachronism
An interesting example of libel that harms reputation within a social community, rather than professional or business reputation.
Allegations in Complaint Against Real Estate Agent Broadly Protected Against Libel Liability
So holds the Nevada Supreme Court, applying Nevada law.
Don Blankenship's Libel Lawsuit Against Donald Trump, Jr. Can Go Forward
Blankenship had been convicted of a misdemeanor related to a deadly disaster at a mine his company owned; Trump, Jr. had erroneously labeled him a "felon"; a judge concluded that there's enough evidence that Trump, Jr. knew the statement was false, or at least likely false.
Anonymity of Libel Helps Justify Punitive Damages
"[M]ost revealing of actual knowledge of falsity is the vehicle chosen by Riccio to spread the falsehoods—the anonymous letter."
One America Network's Libel Lawsuit Against Rachel Maddow Rejected by Ninth Circuit
Maddow had said OAN "really literally is paid Russian propaganda," in reaction to a Daily Beast story that an OAN employee had also been freelancing for Sputnik News.
Rep. Devin Nunes' Libel Lawsuit Against the Washington Post Can Proceed
"A reasonable juror could ... conclude that the article was materially false because it stated that Nunes had made ... a baseless claim (when he had not)."
