Media Matters

The Truth Sets Lifetime Free

In a decision sure to generate sighs of relief from “true-story” producers everywhere, a New York appellate court has granted … Read More

Fair Report, Fairly Done.

It can be challenging to report on legal proceedings while steering clear of defamation landmines. A recent federal court decision, … Read More

Shake It Off

Look what Taylor Swift made the Supreme Court do. Citing the pop icon, the Supreme Court recently hinted approval for … Read More

Section 230 Under Attack

On Tuesday, July 28th, Missouri Senator Joshua Hawley introduced a bill to limit protections for companies that “display manipulative, behavioral … Read More

When Fair Use Is Foul

Although publishers often cry “fair use” to defend their use of copyrighted images, two recent federal court decisions highlight the … Read More

3/25 - The U.S. Supreme Court recently declined to hear casino mogul Steve Wynn's appeal challenging the 1964 precedent set by New York Times v. Sullivan. This landmark decision established the "actual malice" standard, requiring public figures to prove that defamatory statements were made knowingly or with reckless disregard for the truth. Wynn's defamation lawsuit against the Associated Press, stemming from reports of 1970s-era sexual misconduct allegations, was dismissed under this standard. The Court's decision not to revisit Sullivan maintains the existing standard for defamation, allowing news organizations to report on such figures without the threat of excessive litigation.

3/6 - A New York judge is considering dismissing the New York Times from a $400 million defamation case brought by actor Justin Baldoni. The lawsuit alleges the Times colluded with actress Blake Lively to smear him after she accused him of sexual harassment. The judge indicated that the Times' motion for dismissal had "substantial grounds" based on First Amendment concerns. Baldoni claims the Times amplified Lively's false narrative in an article, while the Times argues it was merely engaging in newsgathering, that plaintiff did not show it acted with malicious intent and that the sole alleged defamatory statement in the article (that the plaintiff orchestrated a "smear campaign" in retaliation to Lively’s claims) was protected opinion. The court has temporarily stayed discovery pending a decision on the Times's motion.

2/27 - Earlier this month the LA Superior Court denied Variety magazine's motion to dismiss the defamation lawsuit brought against it by director Francis Ford Coppola. Judge Christopher Lui found that statements made in the article, such as a claim that Coppola allegedly “kept leaping up to hug and kiss several women” and that he ruined a scene by inserting himself into the shot, could be construed as defamatory and damaging to Coppola's reputation. The court did hold, however, that Coppola’s contention that reporting that the film lacked human resources oversight defamed him should be dismissed.

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.

Media Matters

Cameron Stracher

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