Defamation

A defamatory communication is one that exposes a person to hatred, ridicule, or contempt, lowers him in the esteem of his fellows, causes him to be shunned, or injures him in his business or calling. Defamation can take the form of libel (published or broadcast communication, including information published on a website) or slander (oral communication).

Lower court should have protected blogger's identity, Mich. appeals court rules

Lilly Chapa | Privacy | News | April 11, 2013
News
April 11, 2013

The identity of an anonymous blogger sued for defamation does not have to be disclosed, according to the Michigan Court of Appeals.

The appeals court ruled last week that a lower court erred when it refused to protect the anonymous identity of the blogger known only as “Rockstar05.” The trial judge incorrectly applied law from outside the state when it should have used Michigan law addressing anonymous online commenters, the appeals court stated.

Order prohibiting journalist from ever writing about Haitian prime minister dismissed; but PM can refile complaint

Nicole Lozare | Prior Restraints | News | April 9, 2013
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April 9, 2013

A federal judge in Miami today dismissed the defamation suit against a U.S.-based Haitian journalist and retracted a previous court order prohibiting him from ever publishing anything about the Haitian prime minister and a Florida businessman.

Dismissal of N.Y. journalist's libel suit against critic upheld

Lilly Chapa | Libel | News | February 26, 2013
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February 26, 2013

A New York appellate panel upheld the dismissal of a defamation suit filed by a journalist against a prominent AIDS activist who criticized her articles about the disease.

N.Y. judge dismisses portion of coach's wife's libel suit against ESPN

Lilly Chapa | Libel | News | February 19, 2013
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February 19, 2013

A New York judge dismissed a portion of a libel suit against ESPN because the statements in question were reported from court documents and therefore protected under the state's fair report privilege.

Judge restrains journalist from writing about Haitian prime minister, businessman

Rob Tricchinelli | Prior Restraints | News | February 19, 2013
News
February 19, 2013

A federal judge in Miami ordered a Haitian-American journalist to never again publish anything about the prime minister of Haiti or a Florida businessman, as part of a defamation judgment.

Prime Minister Laurent Lamothe and businessman Patrice Baker sued Leo Joseph and the Haiti-Observateur, a New York City-based, bi-language Haitian newspaper managed by Joseph.

Minn. Supreme Court finds negative online comments were opinions, not defamatory facts

Lilly Chapa | Libel | News | February 5, 2013
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February 5, 2013

The Minnesota Supreme Court has ruled that negative online reviews about a local neurologist were not defamatory and are protected under the First Amendment.

Businessman can pursue defamation suit without showing proof of monetary loss, N.Y. appeals court rules

Lilly Chapa | Libel | News | December 14, 2012
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December 14, 2012

A man accused of throwing a severed horse head in a local politician's pool does not have to prove monetary loss to pursue a defamation lawsuit against his online accusers, an appellate court in New York ruled.

Judge dismisses libel suit against Spitzer, Slate

Lilly Chapa | Libel | News | October 2, 2012
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October 2, 2012

A New York federal judge said in a strong and firm opinion released this week that an article written by former New York Gov. Eliot Spitzer about financial and business crimes in the state is not libelous because it is not “of and concerning” the plaintiff.

Minnesota appeals court overturns jury award against blogger

Jack Komperda | Libel | News | August 21, 2012
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August 21, 2012

John Hoff did not lie. Because of that, the Minneapolis blogger will not be held liable for the firing of a University of Minnesota employee.

A three-member panel of the Minnesota Court of Appeals on Monday overturned a $60,000 award against Hoff, a blogger who publishes “The Adventures of Johnny Northside.”

Federal court denies motion to dismiss anti-SLAPP appeal

Amanda Simmons | Libel | News | July 20, 2012
News
July 20, 2012

An appeal in a defamation case against the late journalist Andrew Breitbart will proceed after a federal appeals court denied a motion to have it dismissed.

Shirley Sherrod, a former official in the Obama administration, sued Breitbart last year, alleging that two writers from his website, BigGovernment.com, defamed her in a YouTube video, which she said unfairly edited a speech she made. Breitbart, a known conservative commentator, died in March.