Not a Burgher of Calais?
A reminder: Not all falsehoods are defamatory.
Libel
Criminal Libel Conviction Over Fake-Name Online Reviews
An interesting new case from Wisconsin.
Gossip About Real Housewives of Orange County "Bravolebrities" Is on "Public Issue"
So holds the California Court of Appeal, interpreting the California anti-SLAPP statute.
"Fake News": Preventing Falsehoods in Candidate Statements in Ballot Pamphlets
The Washington Supreme Court overrules a trial court's order requiring the removal of one such statement; but what should the general rule on this be?
Cop's Libel Claim Over Amazon-Distributed Free Meek Documentary Can Go Forward
Officer Saqueta Williams had been on the DA's "Do Not Call [to Testify] List" because of alleged assault during an off-duty incident (as to which she was later acquitted)—she alleges the documentary falsely implied that she was on the list because she was "dirty and dishonest."
Conservative Commentator Candace Owens Sues USA Today and Fact-Checker "Lead Stories" for Libel
over allegedly false fact-checking "charging [Owens] with spreading misinformation about the Covid-19 pandemic on the internet in 'an attempt to downplay the severity' of the pandemic."
Minnesota Order Banning "False or Defamatory Statements" Limited to Knowingly False And Defamatory Statements
So says the Minnesota Court of Appeals, as to a "harassment restraining order."
Justice Thomas Writes in Favor of a Narrow Reading of 47 U.S.C. § 230
He seems open to materially increasing Internet service and content providers' liability for libels posted by their users, and based on other user misconduct.
No Preliminary Injunctions Against Libel
A good illustration of the modern rule, which allows some permanent injunctions against repeating specific statements found to be libelous at trial—but only after such a finding on the merits.
Nevada S. Ct. Vacates Preliminary Injunction Against "False or Defamatory" Speech
The injunction, the court held, is an unconstitutional prior restraint.
Reputation Repair Service Costs as Measure for Damages in a Libel Case
An interesting decision, on a motion for default judgment.
Libel Lawsuits Against Federal Government Officials (E.g., Senator Warren or President Trump)
Under the Westfall Act, the Justice Department can generally take over the defense of many such cases—and then get them dismissed.
Rule 11 Sanctions in "Quackwatch" Libel Case
Plaintiffs claimed that defendants had libeled them to foreign officials—but didn't have enough evidence that the defendants had actually said anything to those officials.
Sarah Palin's Libel Lawsuit Against the New York Times Can Go to Trial
There is enough evidence that the Times knew their allegations were false (or at least were likely false) to go to the jury.
#MeToo, #TheyLied, and Pseudonymous Litigation (II)
When can libel plaintiffs, suing over allegedly false claims of sexual misconduct, sue pseudonymously? When can defendants defend pseudonymously?
Statements about American Jews as a Group Can't Be Libelous
So holds a federal court, quite correctly; of course, the same is true about any religious group, racial group, or other such large group.
Tweeting That Someone Is Xenophobic Is Nonlibelous Opinion
An interesting decision in former AP journalist Charles Ganske's lawsuit against former Member of Parliament Louise Mensch, with allegations of Russian bots and Tweeting frenzies thrown in for good measure.
Saying a Lawyer "Need to Go Back to Law School" Not Libelous
Bonus: We learn that calling a doctor "a real tool" isn't libelous, either.
"The Most Gullible Man in Cambridge" Story Gets Even Stranger
The legally strange dimension: A claim that the magazine article author sexually harassed the subject of her article, apparently by "seek[ing] inappropriate personal and romantic intimacy with Plaintiff."
Judge Throws Out Devin Nunes' Libel Lawsuit Against Ryan Lizza
The suit was based on an Esquire article about an Iowa farm run by members of Congressman Nunes' family.
Lex Loci Delicti, not Praetor Peregrinus
Or, Virginia is for lovers, not libel tourists.
Ninth Circuit Affirms Dismissal of Stormy Daniels' Libel Lawsuit Against President Trump
Trump's Tweet ("A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!") was opinion, and thus not actionable.
Injunction in Libel Case Against the Spamhaus Project
An interesting decision stemming from a dispute about whether the Spamhaus Project properly placed DatabaseUSA.com on a blocklist.
#MeToo, #TheyLied, and Pseudonymous Litigation
When can libel plaintiffs, suing over allegedly false claims of sexual misconduct, sue pseudonymously? When can defendants defend pseudonymously?
Libel Case Flowing from the Philando Castile Shooting Can Go Forward
Defendant, a local mayor and sheriff's deputy, tweeted about Castile's girlfriend (who had gotten a settlement from local government entities), "She needs to come off County and State Aid now that she has some cash. It'll be gone in 6 months on crack cocaine."
Libel Lawsuit by Trump Supporter (and Sanctuary-State Opponent) Roslyn La Liberte Against MSNBC's Joy Reid Can Go Forward
So a Second Circuit panel just held.
FitzGibbon v. Radack Settlement
Noted political publicist Trevor FitzGibbon (who had represented Julian Assange) sued whistleblower lawyer Jesselyn Radack (who had represented Edward Snowden) -- a second time; now there's a second settlement.
Judge Allows Professors' Libel Case Against Ex-Students to Go Forward
The ex-students had accused the professors (at the City University of New York) of sexual assault and other misconduct.
"TCPA Class Certification Denial Exposes Major Spousal Scheme" Is a Statement of Opinion,
holds the Second Circuit in a case rejecting a libel lawsuit over a blog post headline.
Brandon Straka's #WalkAway Lawsuit Against LGBT Community Center Thrown Out
Straka loses on his discrimination, cyberbullying, defamation, and breach of contract claims.
"Shitty Media Men" List Libel Lawsuit Can Go Forward
Plaintiff had sufficiently alleged that the defendant didn't just create the list as a platform for others, but herself posted material about him -- though whether plaintiff ultimately prevails will depend on what discovery reveals.
Twitter Wins Lawsuit Over "Devin Nunes' Cow" Twitter Feed
Rep. Devin Nunes can't hold Twitter liable for allegedly defamatory posts by Twitter user:
"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.
