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.

Opinion defense remains a strong tool in defeating defamation claims

Recent decisions consider context and protect non-verifiable statements
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Kristen Rasmussen

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AP Photo

Articles about ex-judge's bail decisions not defamatory

Kristen Rasmussen | Libel | Feature | September 23, 2011
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September 23, 2011

A series of newspaper articles and an editorial about a retired judge’s performance of his duties did not defame the former public official, the Virgin Islands Supreme Court ruled earlier this week.

The opinion by the court, which was established relatively recently in 2004, provides strong precedent for causes of action stemming from First Amendment-protected activities in the U.S. territory.

Amicus brief in Castello v. City of Seattle

September 20, 2011

Urging the U.S.Court of Appeals for the Ninth Circuit to uphold the constitutionality of the Washington anti-SLAPP statute, which provides broad protection for action involving public participation and petition.

Boston paper's reports on its own libel suit not defamatory

Kirsten Berg | Libel | Feature | September 16, 2011
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September 16, 2011

Claims that the Boston Herald further defamed a famous musician in its coverage of his libel suit against the newspaper were dismissed Wednesday by a Massachusetts judge, who ruled that the rocker failed to show that the reports were inaccurate, unfair or malicious.

The initial claim against the Herald filed by Tom Scholz, the founder of the rock band Boston, is still pending.

Redskins' Snyder drops lawsuit against D.C. newspaper

J.C. Derrick | Libel | Feature | September 12, 2011
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September 12, 2011

Washington Redskins owner Dan Snyder has dropped his $2 million libel and defamation lawsuit against Washington City Paper, which would have tested the district's new anti-SLAPP legislation.

"We prefer to focus on the coming football season and the business at hand," according to a team statement. Snyder announced his decision Saturday, on the eve of his team's season-opening matchup with the New York Giants.

Judge upholds jury verdict against truthful blogger

Nicole Lozare | Libel | Feature | September 2, 2011
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September 2, 2011

A Minneapolis blogger will continue his fight to overturn a jury's verdict that he should pay $60,000 to a former university employee whom he wrote about scathingly --- but truthfully --- in a blog post that led to the employee's termination the next day.

Blog's context suggests that posts are protected opinion

Kristen Rasmussen | Libel | Feature | August 24, 2011
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August 24, 2011

An Oregon blogger’s disparaging “almost stream of consciousness-like” statements about the trustee in a bankruptcy case are protected opinion under the First Amendment, a federal judge in Portland recently ruled.

The opinion in Obsidian Finance Group v. Cox highlights the importance of courts’ consideration of the “looser, more relaxed communication style” of the Internet in their evaluations of allegedly defamatory online communications.

Reality show about drugs in jail may defame inmate's wife

Clara Hogan | Libel | Feature | August 4, 2011
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August 4, 2011

A Nashville, Tenn., woman can pursue her defamation lawsuit stemming from a prison reality show that featured footage unknowingly taken of the woman while she visited her husband in prison, a federal judge ruled last week.

City councilwoman withdraws libel suit against blogger

Emily Peterson | Libel | Feature | August 2, 2011
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August 2, 2011

A Baltimore city councilwoman withdrew her libel suit against a local blogger on Monday after she said it became clear she could not win.

Howling Pig case resurfaces

Highlights continued issues with unlawful searches of journalists
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From the Summer 2011 issue of The News Media & The Law, page 34.

Thomas Mink never thought he’d become notorious for the project he came up with as a 24-year-old student who was riled up about conservative politics. But today, his lengthy court battle epitomizes issues with criminal libel laws and unreasonable searches of journalists.