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.
Libel
"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.
Is Wrongful Search Engine Optimization a Tort?
An anonymous lawsuit claims that it's tortious to try to artificially boost the prominence of an embarrassing article.
"Prominent Pornography Researcher Frames Defamation Claims As Sexual Harassment, Prompting a Defamation Suit by Her Target"
An academic debate turns into professional and legal accusations.
Rape Claims, Speech Restrictions, and Consent
Noted political publicist Trevor FitzGibbon (who had represented Julian Assange) sues whistleblower lawyer Jesselyn Radack (who had represented Edward Snowden) -- a second time.
Minnesota Supreme Court Holds That Nonmedia Speakers Are Fully Protected by First Amendment
Prior Minnesota precedents had said that some First Amendment protections against defamation liability applied only to media speakers.
What If Widespread Disinformation Is the Solution to Fake News?
It may be time to hire a libel service.
Rhode Island Court Issues Temporary Restraining Order Requiring Blogger to Take Down All Posts About a Person
According to the ACLU of Rhode Island, which is representing the blogger, the order was issued without any adversarial hearing at which the blogger could appear.
Todd Levitt, "Badass Lawyer," Loses a Third Libel-Related Appeal (with an Emotional Distress Claim)
"In this day and age, one must accept the possibility that one might be recorded in public. That possibility heightens when one chooses to engage in vitriolic behavior."
Injunction to Take Down Critical Sock Puppet Comments
Can a court block multiple statements that seem to come from several people, but that were actually all posted by one person?
Beyond the First Amendment: Anti-Libel Injunctions in States That Have Repealed Criminal Libel Laws
Even if injunctions against libel don't violate the First Amendment, should state courts still reject them on other grounds?
Beyond the First Amendment: Anti-Libel Injunctions and Prosecutorial Discretion
Even if injunctions against libel don't violate the First Amendment, should state courts still reject them on state separation of powers principles?
The First Amendment and the Hybrid Preliminary Injunction
A relatively novel suggestion, aimed at providing libel defendants with the necessary First Amendment protections while still giving libel plaintiffs protection early in the litigation process.
The Limited Role of Mens Rea in Hybrid Anti-Libel Injunctions
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
