Court Orders Removal of Libelous Blog Posts About Former DHS Secretary Nominee Bernard Kerik
An interesting analysis, handed down last month
Libel
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.
Restricting Injunctions to Libels on Matters of Private Concern?
Should the availability of anti-libel injunctions turn on the subject matter of the false and defamatory speech that's being enjoined?
The First Amendment and the Hybrid Permanent Injunction
This is the key proposal from my forthcoming Penn Law Review article on Anti-Libel Injunctions -- a way of taming the anti-libel injunction to include important First Amendment procedural protections, but still allow its use to prevent genuine libels.
How Specific Anti-Libel Injunctions Underprotect Speech
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
The First Amendment and the Specific Preliminary Injunction
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
The First Amendment and the Catchall Permanent Injunction
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
"Free Speech Rules," My New YouTube Video Series -- Episode 3 (Fake News) Now Out
Please share it widely!
The First Amendment and Criminal Libel Law
I thought I'd serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions; here is the section on criminal libel law -- the article argues that anti-libel injunctions are like mini-criminal-libel laws.
Fake News and the First Amendment: Free Speech Rules (Episode 3)
Episode 3 of Free Speech Rules, starring UCLA law professor Eugene Volokh
Anti-Libel Injunctions and the Criminal Libel Connection
My new article, forthcoming in the University of Pennsylvania Law Review late this year -- I'd love to get feedback, while there's still plenty of time to edit it.
Libel Case with the Alleged Libels Under Seal
This violates the First Amendment and common law rights of access to court records, I think; Paul Alan Levy (Public Citizen) has just filed a motion to intervene and unseal in the matter (Shelby Resorts Corp. v. Does, in New Jersey Superior Court).
No Preliminary Injunctions Against Libel
Another court opinion reinforces this principle -- even if repetition of libelous statements can be forbidden after a trial on the merits at which the statements are found libelous, it can't be preliminarily enjoined before such a trial.
The Media's Covington Coverage Was Appalling, but Nick Sandmann's Libel Lawsuit Is Not the Answer
A teenager wrongly accused of harassing a Native American activist sues The Washington Post for $250 million.
Justice Thomas's Skepticism of New York Times v. Sullivan
First Amendment limitations on libel and other torts are complicated
SCOTUS Won't Hear Defamation Case Against Bill Cosby; Clarence Thomas Has Issues with Landmark First Amendment Ruling [UPDATED]
Thomas thinks the Supreme Court may have erred in its 1964 NYT v. Sullivan ruling.
Libel Law and the Covington Boys
Facts vs. opinions; compensatory/presumed/punitive damages; negligence, recklessness, and knowledge; libel per se; timing; choice of law; and more defamation law fun.
Appellate Court Rejects Cartoonist Ted Rall's Libel and Employment Claims Against L.A. Times
The claim stemmed from the Times' published statements "questioning the accuracy of a blog post plaintiff wrote for The Times," and the Times' decision not to publish more work from Rall.
Fourth Circuit Rejects Libel Claims over Misleading Edits in Katie Couric's "Under the Gun"
The "questionable" "editing choices," the court said, weren't sufficiently injurious to reputation to qualify as libelous (whether or not they conveyed a false message).
Joe Arpaio Sues for $147 Million Over New York Times Op-Ed Slamming His Cruelty
The op-ed's claims are harsh, but they're also true.
