Libel
"Ambulance Chaser Is Too Good a Term for Him" Isn't Libelous (At Least in Yelp Review)
"Defendant's Yelp post about plaintiff is reasonably and best understood to be, simply, name-calling."
Ohio S. Ct. Reverses Order Blocking Man from All "Posting About" His Sister and Mother
"Even if past [mentally distressing] speech that an offender made to a person ... could be considered ... integral to the criminal conduct of menacing by stalking [and thus unprotected], we do not believe that this principle may be applied categorically to future speech ... directed to others."
Court Allows Subpoena of Media for Unpublished but Nonconfidential Interview Outtakes
An interesting illustration of the qualified privilege that many courts recognize in such cases.
Libel Lawsuit Leads Court to Ban Even True Statements About Plaintiff's "Sex Offender Status"
Fortunately, the Michigan Court of Appeals has just reversed that injunction.
$1M+ Award for Law Professor Libeled by Ex-Girlfriend's Rape Accusation
"The Court's belief in the veracity of Wright's testimony dwindled while the trial progressed, as evidence of her inconsistent and questionable conduct was revealed piece by piece.... She lied about her advanced degrees. She signed e-mails as Dr. Wright when she is not a doctor. Her testimony and medical records conflicted time and time again ...."
N.C. Trial Court Holds Preliminary Injunctions Against Alleged Libel Are Unconstitutional
But permanent injunctions after a full trial on the merits might be a different story.
Court in Devin Nunes Libel Lawsuit: "The Tedious and Laborious Exercise …
of dissecting each of the sixteen bullet points illustrates the deficiency of plaintiffs’ complaint."
"Clear, Compelling, Written Language Is Required to Waive" Free Speech Rights
An important First Amendment holding in a factually fascinating case, which involves an alleged breach of contract, a World War II Medal of Honor, a dispute over a history book, and a discussion of anti-libel injunctions.
District Court in Ninth Circuit Issues Anti-Libel Injunction
But other courts in the Ninth Circuit have categorically said that such injunctions are unconstitutional—the law remains quite unclear.
"Well, We Have Reviewed That Order, Too"
Not a great thing to see in an appellate opinion, if you claimed that reviewing a court order shows that you should win.
Accusing Someone of Inadvertent Patent Infringement Is Not Libelous
"Even the most dedicated patent lawyer would have difficulty mustering 'hatred' for a computer user who inadvertently violated a patent."
12-Year-Old "Politically Vocal Boy" Loses Libel Claim Against Newsweek
The Newsweek article, among other things, quoted a professor who said two young public supporters of Trump "'camouflage' positions of the hard right 'as feel-good sweetness and light, when, in fact, they are defending raw racism and sexual abuse.'"
Candidate for Wisconsin S. Ct. (Judge Jill Karofsky) Seeks Preliminary Injunction Against Allegedly Libelous Campaign Ads
Today, Judge Judge Timothy M. Witkowiak refused to issue the injunction, partly on prior restraint grounds. The election is scheduled for tomorrow.
Johnny Depp's Libel Claim Against Ex-Wife Amber Heard Can Proceed
Heard's Washington Post op-ed didn't mention Depp, but the judge concludes that in context it would be seen as implying factual assertions about him.
Accusations of Trying to "Hit on Underage Girls" Aren't Defamatory Without Proof of Actual Damage,
at least under the Illinois "innocent construction" rule, under which "a nondefamatory interpretation must be adopted if it is reasonable"—"a reasonable reading of Lorenz's article is that although Wedgewood communicated with underage girls, he never meant to take things further."
Criminal Libel Conviction for Anti-Nixon Cartoon
An interesting 1969 case (based on a publication right after the 1968 election), reversed on appeal in 1974; thanks to Jacob Gershman (Wall St. J.) for letting me know about it.
The Trump Campaign Sues Another Newspaper
Plus: Judge rejects Gabbard's Google lawsuit, Bloomberg drops out, and more...
Trump Campaign Files Libel Lawsuit Against The New York Times
Trump has long complained that libel laws need to be loosened to allow more lawsuits against media outlets.
Congressional Candidate Ordered Not to Repeat Charges That Her Opponent Abused His Wife
A clear constitutional violation.
Alexander Hamilton's Influence on Free Press Law: Free Speech Rules (Episode 10)
Episode 10 of Free Speech Rules, a video series by UCLA law professor Eugene Volokh
Virginia Legislator Joe Morrissey Gets Called "Fool," Sues, Arguing He's Not a Fool
There's also more to the case, which was brought over statements made on a local TV broadcast while Morrissey was unsuccessfully running for Richmond Mayor. (He is now a state senator, elected in November.)
Libel Lawsuit Over Free Meek Documentary, Including Jay-Z, the Rolling Stone Company, and Amazon
The plaintiff is a former Philadelphia officer, who was charged with (and acquitted of) wrongly threatening people with a gun; she claims the documentary wrongly portrayed her as "dirty and dishonest."
Above The Law Post Not Libelous or "Unlawful Discrimination," Notwithstanding Its Supposed "Homophobic" Insults
The statements about former law student Jonathan Mullane were either fair report of court proceedings or constitutionally protected opinions (e.g., calling Mullane "'rude,' 'dumb,' 'unethical,' a 'little entitled ponce,' and a 'dauphin'").
CNN Settles Lawsuit With Covington Catholic Student Nick Sandmann
The high school student was falsely accused of racial harassment, and has sued media companies for $800 million.
Retired Law Professor Sues Lawyer-Commenters on Law Blog
A company had a trademark canceled in a Trademark Trial & Appeal Board proceeding, based on what the Board described as the company's "delaying tactics, including the willful disregard of Board orders." The TTABlog posted about it, and some commenters criticized the company's lawyer, Ohio State Prof. Charles L. (Lee) Thomason—so he is suing them for libel.
Court Orders Removal of Libelous Blog Posts About Former DHS Secretary Nominee Bernard Kerik
An interesting analysis, handed down last month
Vagueness Challenge to N.H.'s Criminal Libel Statute Can Go Forward
An interesting court opinion, though I think on balance mistaken.
Prosecution Under Criminal Libel Statute Struck Down 30 Years Before Leads to $100,000 Settlement
"[Anne King's ex-husband], [Washington County Sheriff's Department] Captain King, feeling upset and 'disrespected' over the post, contacted Washington County's magistrate court about initiating a criminal complaint against Ms. King."
Minor's Slander Lawsuit Against Another Minor, Prompted by Defendant's Allegations of Rape
Are parents liable for defamation by their minor children?
Another Decision Against Sealing Records in Libel Cases
"The logical conclusion of Plaintiff's argument is that whenever someone sues for defamation because of potentially embarrassing comments, the plaintiff should be allowed to sue anonymously and with the case under seal."
Libel Lawsuit Over University Rape Allegations Can Proceed
So holds a federal district judge, rejecting the defendant's motion to dismiss (though of course without resolving, at this early stage in the lawsuit, who is telling the truth).
#ShutUp #RightNow: Speech Restriction Quickly Imposed on Woman Who Accused Ex-Boyfriend of Being a Stalker
A Texas judge issued the temporary restraining order before any trial on the merits, and apparently without the ex-girlfriend even showing up -- and it seems inconsistent with Texas law and likely the First Amendment/
The Justice Department and Allegations Against Federal Officeholders
Hard to see what President Trump was referring to with regard to the New York Times story with new allegations about Justice Kavanaugh.
Libel Lawsuit Dismissed Under "Fugitive Disentitlement" Doctrine
The doctrine originated in criminal appeals by defendants who were fugitives, but it can also apply to civil cases -- here, where the federal court plaintiff has absconded with her and defendant's children in violation of a state court order.
Sarah Palin's Libel Case Against New York Times Can Go Forward
So holds a Second Circuit panel this morning.
Doe v. Doe Libel Lawsuit Over Allegations of Sexual Misconduct by a Business Executive
Unsurprisingly, the exact allegations that are said to be libelous don't appear in the complaint.
N.Y. Court Refuses to Enjoin Allegedly Libelous Speech About Chinese Official
The plaintiff, Yan Huang, is vice minister of China's Ministry of Housing and Urban-Rural Development. Defendant, Wengui Guo, who also goes by Miles Kwok, has been described as a "renegade Chinese billionaire," who fled China and now lives in New York.
Texas Court Rejects Once-Suspended Doctor's Lawsuit Over Reporting of the Suspension
Dr. Calvin Day had claimed that describing his suspension as based on "unprofessional conduct" was libelous. (He had also earlier sought to get dismissed criminal charges expunged, and tried to bind local news outlets to the expungement order.) He lost, and was ordered to pay over $80,000 in attorney's fees.
