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Defamation Free Speech

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024 #5

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A federal judge late Wednesday ordered the U.S. Department of Veterans Affairs to lock down UCLA’s Jackie Robinson Stadium on the VA’s West Los Angeles campus at noon Thursday until the university comes up with a proposal for...more

Amundsen Davis LLC

Democratizing the Defense to Doxing: New Attorney Fee Awards for Victims Alters Paradigm

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Defamation is the line between free and unlawful speech. Doxing is the disclosure of another’s personally identifiable information with the intent to bring the internet’s violent speech to their front door. Online defamation...more

Ballard Spahr LLP

Pennsylvania Protects Press Freedom, Passes Anti-SLAPP Statute

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Yesterday, July 17, 2024, Pennsylvania joins more than 30 states that have enacted anti-SLAPP laws, providing protection to journalists and media outlets from meritless claims....more

Kohrman Jackson & Krantz LLP

Understanding Defamation vs. Free Speech: A Guide for Dealing with Online Defamation

The distinction between defamation and free speech often confuses those dealing with online issues. While free speech is a protected right under the First Amendment of the U.S. Constitution, it does not shield individuals...more

Buckingham, Doolittle & Burroughs, LLC

Defamation vs. Free Speech

The concepts of defamation and free speech often collide, raising questions about where the line should be drawn between the right to express oneself and the responsibility to prevent harm to others. While free speech is one...more

Epstein Becker & Green

“They Said What?! I’ll Sue!” – Litigating Defamatory Claims – Speaking of Litigation Video Podcast

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As the spotlight on high-profile judgments intensifies, terms such as “libel,” “slander,” and “defamation” permeate public discourse. Former U.S. presidents, A-list celebrities, and even college professors and local business...more

Bennett Jones LLP

A New Test for Injunctions Against Defamation in British Columbia

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Yu v 16 Pet Food & Supplies Inc., 2023 BCCA 397 (16 Pet Food), establishes a new test for pre-trial injunctions against defamatory speech in British Columbia....more

Weintraub Tobin

(Podcast) The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update

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In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The...more

Weintraub Tobin

The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update

Weintraub Tobin on

In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The...more

Littler

SLAPP Back: Colorado Court of Appeals Addresses Protection Against “Vengeful” Online Posts

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On November 30, 2023, the Colorado Court of Appeals in Tender Care v. Barnett tested the limits of Colorado’s anti-SLAPP law in considering whether an individual’s online review of a company could invoke the protections of...more

Buckingham, Doolittle & Burroughs, LLC

Who to Choose?: What to Look For in a Defamation Attorney

Incidents of defamation and online harassment have become increasingly prevalent as society relies more and more on the internet to communicate and share information. The increased use of social media to connect, in both...more

Buckingham, Doolittle & Burroughs, LLC

What is an Anti-SLAPP Statute?

If you are considering filing a defamation lawsuit or other speech-based claim, you are likely aware that your claim may be challenged based upon free-speech principles or that the defendant may claim that their conduct is...more

Ballard Spahr LLP

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

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Summary - An opinion about a category of unprotected speech called “true threats” sheds light on how a majority of the justices may view New York Times v. Sullivan, a key defamation case. It also resolves a split over the...more

Jackson Walker

Supreme Court of Texas Runs at the Low Hurdle of Prima Facie Evidence in Anti-SLAPP Motion Practice

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Last week, the Supreme Court of Texas addressed the quantum of evidence required for a plaintiff to support a prima facie case and survive a motion to dismiss brought under the Texas Citizens Participation Act, Texas’s...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 4, April 2023

Here are the Top Risks for the Construction and Engineering Sector - “Business interruption/supply chain disruption and natural catastrophes are the top risks for the construction and engineering industry, followed by the...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, April 2023

ChatGPT’s Impact on Education and Student Data Privacy - Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 4, April 2023

Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more

Spilman Thomas & Battle, PLLC

SAY WHAT??—Defamation in an Era when Content Is King

On April 18, 2023, Fox News agreed to pay Dominion Voting Systems a staggering $787.5 million to settle a defamation lawsuit. Particularly startling about the settlement is that Dominion was valued at around $51 million as...more

McDermott Will & Emery

Free Speech Illuminates Right to Allege Infringement

The US Court of Appeals for the Federal Circuit reversed a district court’s preliminary injunction prohibiting a patent owner from communicating its view that a competitor infringed, finding that the speech restriction was...more

Ballard Spahr LLP

Colorado Appellate Court Issues Precedential Decision Upholding Free Speech Rights of Consumer Reviewers

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The Colorado Court of Appeals on December 22, 2022, issued an important decision upholding the free speech rights of consumer reviewers in Colorado who honestly post about their experiences with licensed professionals....more

International Lawyers Network

Just Humor Them: Jests, Jokes, Satire, and Parody In Infringement and Defamation Cases

I thought of that story, and the unique power humor has, literally and legally, to disarm many who might otherwise complain over any number of legal issues and perceived slights. For even though, as one writer noted, some...more

Miller Nash LLP

Off the Clock in Oregon but Maybe on the Hook

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Despite Hollywood’s most recent high-profile case with Amber Heard and Johnny Depp, defamation cases are notoriously difficult to win and often susceptible to pretrial dismissal. Yet, a recent Oregon Supreme Court case—Lowell...more

Jenner & Block

Amicus Brief Urges Ohio Supreme Court to Hear Appeal in High-Profile Case about First Amendment Protections

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Jenner & Block filed an amicus brief on behalf of the NAACP and the Ohio State Chapter of the NAACP urging the Ohio Supreme Court to hear Oberlin College’s appeal in Gibson Bros, Inc., et al., v. Oberlin. Oberlin is...more

Kohrman Jackson & Krantz LLP

Gibson’s v. Oberlin College: How False Accusations Led to a $32-Million Dollar Judgement

For the most part, the First Amendment guarantees free speech. But when that speech is false and aimed at inflicting economic harm, it can lead to real liability....more

Allen Matkins

If Form 10-K Statements Are "Protected Activity", What About Form 8-K and 10-Q Filings?

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Yesterday's post concerned the California Court of Appeal's holding that statements made in a Form 10-K were "protected activity" under California's Anti-SLAPP statute because they were made "in connection with an issue under...more

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