Media Matters

Making Marsy’s Law (better)

When Florida voters approved a constitutional amendment known as “Marsy’s Law” – named for Marsy Nicholas, the UC Santa Barbara … Read More

Actual Malice: Alive and Kicking

Even as plaintiffs in defamation cases attack the actual malice standard, they often mistake what “actual malice” really means. A … Read More

Notes on the Jones Verdicts

A few notes for the media from the Alex Jones verdicts: Although Jones forfeited his right to mount a First … Read More

The Coming Embed Tsunami

Once upon a time, it was safe to an embed an image on a website. Those days are gone. Two federal … Read More

Embedders Beware!

Another federal court judge in New York has held that embedding provides no protection against a copyright infringement claim, and … Read More

That’s Entertainment!

A new statute passed by the Texas legislature bars television production companies from riding along with law enforcement officers and … Read More

2/13 - A Florida appeals court upheld a lower court's decision allowing President Trump's defamation lawsuit against Pulitzer Prize Board members to proceed. The decision hinged on whether the lower court had jurisdiction over the non-Florida resident board members. The court held that President Trump's operative pleading sufficiently alleged that the defendants engaged in a conspiracy to defame him, a Florida resident, and that they issued a public statement alleged to be defamatory in response to the requests of a Florida resident (Trump), all of which was sufficient to support jurisdiction in Florida.

1/27 - In order to prove that a work has been copied, one of the first tasks is to establish that the infringing party had access to the original work. In a long fought lawsuit in Riverdale, CA, filmmaker Francesca Gergorini accused director M. Night Shyamalan and Apple of substantially copying her indie film The Truth About Emanuel, but was unsuccessful for this exact reason. After a 2 week jury trial that focused mainly on the similarities of the works, plaintiff’s inability to prove that defendants’ had access to her film — which took in only $4,ooo at the box office — ultimately decided the case.

1/22 - After an expensive, two decade long legal battle, Prince Harry and the Rupert Murdoch owned British tabloid newspaper The Sun settled a lawsuit brought by the Prince over a now infamous hacking scandal. The settlement included a public apology by The Sun, which admitted to engaging in unlawful activities as well as payment of an undisclosed monetary amount described as ’substantial’.

10/29 - Bill Maher and HBO have been sued by conservative political activist Laura Loomer for a joke made on the HBO talk/comedy series Real Time with Bill Maher. Maher joked that Loomer was “maybe in an arranged relationship” with former President Trump and that the answer to the question “who’s Trump f***ing” “might be Laura Loomer.” The lawsuit claims Loomer is a strong advocate for Trump, and “became a target of Bill Maher and Home Box Office, both of whom advocate for Democrat Party officials and values.” Loomer claims defendants published their comments with actual malice, and is seeking more than $150 million in damages.

10/22-Following the Presidential debate between Kamala Harris and Former President Trump, the five wrongly convicted men known as the Central Park Five are suing Trump over allegedly defamatory remarks he made about them. During the debate, Trump falsely claimed the men had killed someone and pled guilty. The Central Park Five were exonerated in 2002 of the sexual assault charges bought against them in 1989. The lawsuit cites the fact that these statements are demonstratively false, and along with the full page advertisement that Trump took out in The NY Times two weeks after the incident calling for their execution to prove a continuing tort. A Trump Presidential campaign spokesperson dismissed the lawsuit as “frivolous”.

Media Matters

Cameron Stracher

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