Libel

This section covers the state law governing libel suits. The standards governing such suits are influenced by many things, including whether the subject of a story is a public figure or public official. This also covers the defenses to libel suits, including the "fair report" privilege, the opinion defense and anti-SLAPP laws.

Calif. appellate court affirms dismissal of libel suit against Gawker under state's anti-SLAPP law

Jack Komperda | Libel | News | August 15, 2012
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August 15, 2012

A California appellate court upheld the dismissal of a libel suit brought by the head of a small startup tech company against the Internet blogging company Gawker Media.

Va. court dismisses libel charges against newspaper brought by public official

Amanda Simmons | Libel | News | August 9, 2012
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August 9, 2012

A Virginia trial court threw out a $3 million libel verdict against a local newspaper, finding that a local school official failed to show that the allegedly defamatory article was published with actual malice.

Federal court denies motion to dismiss anti-SLAPP appeal

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

Rhode Island Supreme Court dismisses defamation complaint against reporter, talk radio host

Raymond Baldino | Libel | News | July 9, 2012
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July 9, 2012

The Rhode Island Supreme Court upheld the dismissal of a defamation claim brought by a restaurant owner against two journalists for their coverage of a 2009 "off the record" event at his restaurant where attendees included politicians, businesspeople and press members.

Texas Supreme Court overturns libel ruling because of judge's bribe

Amanda Simmons | Libel | News | June 27, 2012
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June 27, 2012

The Texas Supreme Court declined to rule on a libel appeal brought against two Texas newspapers by alleged child abusers last Friday because a lower court judge previously accepted a bribe to decide against the publications. The high court also ruled void the trial judge's decision.

Anti-SLAPP statute does not protect Calif. lawyer from malicious prosecution claim

Amanda Simmons | Libel | News | June 13, 2012
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June 13, 2012

A California appeals court ruled Friday that a malicious prosecution lawsuit against a Los Angeles-based attorney may proceed, reversing a lower court's holding that the state's anti-SLAPP statute protected the lawyer.

Judge grants motion to dismiss 'birther' libel case under D.C. Anti-SLAPP Act, First Amendment

Emily Miller | Libel | News | June 5, 2012
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June 5, 2012

A libel case brought by a 'birther' -- those who question whether President Obama is a natural-born American and eligible to be president -- ended prematurely when a U.S. district judge granted a magazine's motion to dismiss under the D.C. Anti-SLAPP Act, which protects speech relating to issues of public interest.

Shielding anonymous commenters

Should the reporter’s shield law be used to keep online posters’ identities secret?
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Photo courtesy of Paul Levy

Paul Alan Levy is a lawyer at Public Citizen in Washington, D.C., which filed a friend-of-the-court brief in Miller v. Junior Achievement of Central Indiana.

New York court finds scientific hypotheses are not libelous

Raymond Baldino | Libel | News | May 25, 2012
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May 25, 2012

A federal court in Buffalo said last week that peer-reviewed journals, not courtrooms, are the proper place to vet scientific disputes. A libel claim brought by ONY, Inc., against the Journal of Perinatology for a negative study of an ONY pharmaceutical product was dismissed.

New Jersey Supreme Court limits libel damages, distinguishes online speech

Raymond Baldino | Libel | News | May 17, 2012
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May 17, 2012

The New Jersey Supreme Court ruled Wednesday that a defamation suit over online accusations of child sexual abuse could still proceed, even though the plaintiff could not show he was harmed.

The decision upheld a 2010 appeals court ruling that New Jersey First Amendment attorneys hoped would lead to a change in the law by the state's Supreme Court.