First Amendment Generally Protects Speech in the U.S. by Non-U.S.-Citizens/Residents
An interesting, though unsurprising, decision in a case brought by prominent Russian businessmen over the Fusion GPS Steele Dossier.
Libel
Libel Case Can't Be Litigated with Alleged Libel Sealed
So says the Delaware Court of Chancery: "If the information currently redacted remains so, the public will have no means to understand the dispute MetTel has asked the Court to adjudicate."
Criminal Libel for High School Student to Falsely Write That He'd Had Sex with Teacher
Louisiana is one of about a dozen states that has a criminal libel statute; my sense is that, throughout the country, there are likely about 20-30 criminal libel prosecutions per year.
"a homosexual social media website called reddit"
A mayoral candidate, a supposed Aryan bicyclist, a video, a newspaper story, and a libel lawsuit.
Some Thoughts on the Avenatti v. Fox News Libel Lawsuit
Past perfect, libel-proof plaintiffs, substantial truth, “actual malice,” statutes of limitations, and more.
Lawyer Gets Temporary Injunction Against Gripe Site That Says He's a "Fraud," "Cowardly," "Cannot Be Trusted"
But I think the First Amendment prohibits such pretrial injunctions, and in any event the injunction targets opinions and not just false factual assertions.
Trump v. CNN Libel Suit Dismissed for Now
The court finds that the Trump campaign didn't offer enough facts suggesting that CNN knew the statement was false (or was likely false); the campaign is allowed to file an amended complaint if it can make more specific allegations.
Not Libel to Defame a Pseudonymous Chat Group User …
so long as the user's true identity is unknown to the audience, and the pseudonym has no "legally cognizable independent reputation" (as when the pseudonym is used by an author to sell books).
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.
