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Perlman v. Vox Media, Inc

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  1. Libel and Privacy

Reporters Committee attorneys filed an amicus brief in support of Defendant in Perlman v. Vox, a defamation case in Delaware Superior Court. The brief focuses on the question of whether hyperlinks to previous articles constitute republication for the purpose of restarting the clock on the statute of limitations. Most courts to consider this issue have properly determined that hyperlinks do not republish the articles to which they direct readers, but the Chancery Court in this case accepted the Plaintiffs’ republication theory at the motion to dismiss stage. The case was transferred to Superior Court, presenting an opportunity to correct that erroneous ruling. The amicus brief argues that the single-publication rule applies online and that hyperlinks do not constitute republication. It also argues that hyperlinks are essential internet tools whose use should be encouraged, not deterred.