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.

Md. anti-SLAPP reform bill fails in state Senate

Chris Healy | Libel | Feature | March 15, 2012
Feature
March 15, 2012

A bill that would have substantially reformed Maryland's law against strategic lawsuits against public participation, or "SLAPPs," was defeated in the state Senate yesterday by a 25-21 vote.

S.B. 221 would have provided a number of substantial revisions to the law, including removing the requirement that lawsuits be brought in "bad faith" to qualify as SLAPPs, creating clear procedural rules for how to dispose of SLAPPs, and clearly defining what kind of conduct is protected by the law.

Former Va. judge loses defamation case about remarks made to reporters

Rachel Bunn | Libel | Feature | March 14, 2012
Feature
March 14, 2012

The Virginia Supreme Court upheld a 2010 ruling that a former Newport News judge defamed a former court official when she told a newspaper the court official was “institutionalized.”

N.M. high court dismisses priest's defamation lawsuit

Andrea Papagianis | Libel | Feature | March 9, 2012
Feature
March 9, 2012

The New Mexico Supreme Court overturned an appellate court's decision and clarified grounds for defamation lawsuits in the state when the high court ruled against a retired Episcopal priest who sued parishioners who accused him of pedophilia.

N.J. editor did not act with actual malice in false light case

Chris Healy | Libel | Feature | March 5, 2012
Feature
March 5, 2012

A front-page teaser that wrongly stated that the subjects of a civil complaint by the Securities and Exchange Commission were "arrested" was not made with "actual malice" -- intentional falsity or reckless disregard for the truth -- the New Jersey Supreme Court has ruled.

The decision means that the The Nutley Sun and its parent company, the North Jersey Media Group, are not liable to the plaintiffs in the false light case filed against them.

First Circuit rejects politician's libel claim

Chris Healy | Libel | Feature | February 29, 2012
Feature
February 29, 2012

A former candidate for the Maine State Senate could not show that negative advertisements about him by an out-of-state Republican organization, unaffiliated with his opponent, contained false statements that were made intentionally or with reckless disregard for their falsity, the U.S. Court of Appeals in Boston (1st Cir.) ruled earlier this month.

Colo. senate committee votes to repeal criminal libel law

Andrea Papagianis | Libel | Feature | February 15, 2012
Feature
February 15, 2012

Colorado's state judiciary committee took the first step this week in repealing a decades-old statute that criminalizes libel.

The bill passed with a 6-0 vote -- with one voting member absent -- on Tuesday, and is expected to go before the full Senate later this week.

“If you say civil libel law has a chilling effect, a criminal libel law might have a freezing effect,” said David Hudson, a scholar at the First Amendment Center and adjunct law professor at Vanderbilt University.

Testimony regarding Maryland anti-SLAPP bill

February 15, 2012

Reporters Committee for Freedom of the Press Executive Director Lucy Dalglish testified before the Senate Judicial Proceedings Committee of the Maryland General Assembly, in support of SB 221. which clarifies and modernizes Maryland's anti-SLAPP law. SB 221 offers several important improvements to the current law, including the removal of the requirement that defendants show that the plaintiff filed the lawsuit in “bad faith” – that is, with the intent to use it to stifle constitutionally protected expression – in order to have the lawsuit dismissed as a SLAPP.

Reporters Committee executive director testifies in favor of new Md. anti-SLAPP bill

Press Release | February 15, 2012
February 15, 2012

Reporters Committee for Freedom of the Press Executive Director Lucy Dalglish testified today before the Senate Judicial Proceedings Committee of the Maryland General Assembly, in support of SB 221. SB 221 clarifies and modernizes Maryland's anti-SLAPP law. SB 221 is sponsored by Sen. Brian Frosh. Eric Lieberman, Vice President and General Counsel for the Washington Post, also testified at the hearing.

N.Y. has no defamation jurisdiction on out-of-state blog post

Chris Healy | Libel | Feature | February 14, 2012
Feature
February 14, 2012

New York courts do not have jurisdiction to hear a lawsuit over allegedly defamatory online statements about a rescue group's treatment of dogs that were written in Vermont by another dog welfare group, the New York Court of Appeals ruled last week.

Judge dismisses libel suit against Virginia television station

Rachel Bunn | Libel | Feature | February 14, 2012
Feature
February 14, 2012

A federal judge dismissed a $5 million libel lawsuit by a former tax preparer against a Virginia television station that allegedly referred to him as “unscrupulous.”