Posts tagged as:

libel slander and defamation

Free speech roundup

by Walter Olson on April 14, 2014

  • “Money spent trying to spread a political message is speech, whether you like the message or not.” [Michael Kinsley on McCutcheon v. FEC, earlier]
  • “Letter: Ken Avidor on Being Silenced By a Defamation Suit” [Romenesko]
  • “Canada’s first Twitter harassment trial has taken a strange twist.” [Christie Blatchford, National Post]
  • In union leader’s defamation suit, Philadelphia court orders anonymous commenter unmasked [CBS Philly]
  • New Jersey ruling letting parents be sued over kids’ Facebook posts will chill speech [Hans Bader/CEI, earlier]
  • More dispatches from Michael Mann-Mark Steyn litigation showdown [Steyn, Charles Cooke] Bonus: Steyn on Andrew Bolt case in Australia and on Nevada protests’ “First Amendment Area” (“The ‘First Amendment Area’ is supposed to be something called ‘the United States’.”)
  • “True-crime author Ann Rule’s suit against Seattle Weekly tossed” [KING]

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Court order muzzles gun advocate after his arrest [ACLU of Missouri]:

To express his opinion that Officer [Jerry] Bledsoe was using his position to harass him for exercising his Second Amendment rights, [Jordan] Klaffer posted recordings of the May 1 encounter on YouTube and Facebook. And, on Instagram, he posted a picture of Bledsoe alongside a photo of Saddam Hussein, with the caption “Striking Resemblance.”

Officer Bledsoe retaliated by obtaining a court order that prevented Mr. Klaffer from posting videos, pictures, and text data criticizing Officer Bledsoe on the Internet. “A government order prohibiting criticism of government is the worst kind of censorship,” explains Tony Rothert, legal director of the ACLU of Missouri.

Meanwhile: Virginia state trooper sues police activist in small claims court over his actions and statements following a traffic stop of his car in which she participated, the videos of which wound up on YouTube.

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How a ruling by the Supreme Court of Canada expanding defenses in defamation law emboldened reporters and made possible tough press coverage of the Toronto mayor [Ivor Tossell, Walrus Magazine]

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Pennsylvania attorney general Kathleen Kane dropped a longstanding corruption “sting” probe that had snagged several Philly officials. The Philadelphia Inquirer raised questions about her decision in its reporting, which contributed to a public outcry over the episode. Then Attorney General Kane brought a prominent libel litigator with her to a meeting with the Inquirer editors, and that lawyer announced that Kane was exploring her options of suing the paper and others that had reported on the matter, and that he was going to do the talking for her.

On Sunday the paper continued to cover the sting story here and here. Ed Krayewski comments at Reason. Longtime Overlawyered readers may recognize the name of Kane’s attorney Richard Sprague.

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Fifty years ago yesterday the Supreme Court handed down its greatest tort reform decision — just for you. [Related 2003 Baseball Crank post on federalism.]

Free speech roundup

by Walter Olson on February 25, 2014

  • Cato Institute reissues Jonathan Rauch’s classic Kindly Inquisitors: The New Attacks On Free Thought after 20 years, with new introduction by George F. Will and new afterword by the author [Jason Kuznicki; Reason Foundation] The free-speech Supreme Court decision without which there would have been no gay-rights movement [Rauch guestblogging at Volokh Conspiracy]
  • Important stuff: Ken White vs. Mark Steyn on how to respond to lawsuits against speech [Popehat]
  • “Blogger: Go Ahead and Sue; I’ve Got Nothing To Lose” [Greensboro, N.C., sued by developer; Romenesko] Is it possible to defame a business by putting up a Craigslist post linking to an online docket showing lawsuits against it? [Cook County Record]
  • U.K. aims to tweak existing X-rated internet filters to block “extremist” websites [TechDirt] Europe’s hate speech laws may actually prepare the ground for sowers of hate [Jamie Kirchick, Tablet]
  • Public Citizen’s Paul Alan Levy, ACLU of Maryland assist anonymous blogger targeted by Brett Kimberlin [Consumer Law & Policy]
  • “Rhode Island Cops Vigilant In Face of Scourge of People Making Fun of State Representative Scott Guthrie” [Popehat]
  • “If you are determined to sue 1,200 people for linking to a newsworthy article, you may begin with me.” [John Scalzi]

If a thin-skinned academic sues a magazine for criticizing him too harshly, and you find yourself hoping the magazine will get sued into bankruptcy because you disagree with its views, you might not want to claim for yourself the honorable word liberal [Damon Linker/The Week, Stephen Carter/Bloomberg, Eugene Volokh on role of libel insurance, earlier here, here, etc.]

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Free speech roundup

by Walter Olson on January 30, 2014

  • “Bloggers = Media for First Amendment Libel Law Purposes” [Obsidian Finance Corp. v. Cox; Volokh]
  • Co-workers’ taking of Lord’s name in vain is element in discrimination claim of religious harassment [Oregon; Ruder Ware]
  • “Michigan Court of Appeals Again Protects Anonymous Criticism” [Paul Alan Levy] Virginia by contrast adopts standard less protective of speech [same] Is D.C. lawyer attempting to unmask Wikipedia editor in defamation suit a “public figure?” [NLJ]
  • Judge Posner blasts class-action firm for supposed misconduct, law firm offers evidence to rebut that and proceeds to sue law firm McGuire Woods for allegedly misrepresenting facts of case at its prominent Class Action Countermeasures blog [Alison Frankel, Reuters]
  • “Lawyer says he will drop suit alleging website unfairly cast him as a ‘tree mutilator’” [ABA Journal (compares townspeople who criticized tree removal to "bullies,") Greenfield, Columbia (Mo.) Tribune]
  • “The victims are ‘too Christian’ to excite the Left, and ‘too foreign’ to excite the Right.” [Michael Brendan Dougherty, The Week, on Mideast persecution] “God may not have felt threatened, but his supporters did” [Nick Cohen on UK's Maajid Nawaz t-shirt controversy via @secularright, Ken at Popehat] Prison for “blasphemous” Facebook posting, in Greece, not Pakistan or Sudan [Guardian]
  • Defendants in Michael Mann’s lawsuit against critics seem to be getting standard “don’t write about getting sued” instructions from their lawyers, but that’s not easy advice to give Mark Steyn [SteynOnline, Jonathan Adler (Mann wins a round opening way to discovery]

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Free speech roundup

by Walter Olson on January 15, 2014

  • Setback for climate scientist Michael Mann in defamation suit against critics [Jonathan Adler, Mark Steyn, earlier here and here; update, Mann wins a round] Reporters Committee for Freedom of the Press has taken interest on defendants’ side [Steyn] “Blogger’s Incarceration Raises First Amendment Questions” [NYT on Shuler case in Alabama, on which earlier; more]
  • Religious liberty: “When thought is a crime, no other freedom can long survive.” [Doug Bandow]
  • Nigeria’s new jail-the-gays law is brutally repressive toward speech and association. Oil-rich country gets upwards of $500 million in US foreign aid a year [Reuters, AP and followup, Al-Jazeera]
  • Members of Ramapough tribe in New Jersey sue Hollywood over “Out of the Furnace” depiction [AP]
  • “California’s New Law Shows It’s Not Easy To Regulate Revenge Porn” [Eric Goldman]
  • Catching up on the Ampersand case, where the NLRB got slapped down trying to restrict newspaper owner’s First Amendment rights [Harry G. Hutchison]
  • Video interview with noted civil libertarian Harvey Silverglate [Cato]

Fifty years ago today…

by Walter Olson on January 7, 2014

…the U.S. Supreme Court heard argument in what was to become one of its most celebrated tort reform decisions. A profitable national manufacturer had been sued in a distant rural state in which it was decidedly unpopular, resulting in a runaway jury verdict which it sought to challenge on appeal. Pointing out the disadvantages of unpredictable and locally variable tort standards, the corporation’s lawyers pushed for a more uniform and modern standard of liability suited to a nationwide market, which the high court agreed unanimously to develop for the occasion and impose on state courts. And ever since 1964, the winning party in the case — that is to say, the New York Times Company — has taken a sympathetic editorial interest in the plight of other national businesses subjected to runaway verdicts in local courts.

Well, OK, maybe not that last sentence. But the rest of it did happen, in the celebrated case of New York Times v. Sullivan.

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The country’s notoriously plaintiff-friendly law of defamation will be a tad less so under legislated reforms now taking effect. Under the Defamation Act 2013, complainants will need to show “serious harm,” peer-reviewed scientific publications and material published in the public interest will gain a new defense, a single-publication rule will be introduced, and new rules intended to combat libel tourism will exclude cases with little connection to England or Wales. [BBC]

Free speech roundup

by Walter Olson on November 7, 2013

  • Arizona water utility sues customer over criticism [Popehat, which also has a free-speech-themed Blawg Review tribute and the year in blasphemy law]
  • Harvey Silverglate, “The Slow Death of Free Speech at Harvard” [Minding the Campus] Cato’s Free Speech Week coverage includes video of recent Jonathan Rauch panel [Tim Lynch]
  • Arrest warrant issued after Connecticut man tells Facebook readers he plans to take toy guns into school to prove point [Volokh]
  • In Florida, it’s illegal for two or more people to join together and spend more than $500 on a state ballot issue [Ilya Shapiro; Jacob Sullum on other grassroots-activist chill effects] Brad Smith on the fight at the Supreme Court between Shaun McCutcheon and the FEC [WSJ]
  • “Florida Condo Developer Sues Residents Over Website” [IJ]
  • Lawmaker to introduce anti-SLAPP bill to curb vexatious plaintiffs in Pennsylvania, and no state needs it more [Philly Law Blog; cf. Michigan which also could use a hand]
  • Will measures to criminalize revenge porn erode Section 230, the provision that shelters online media operators from liability for user-added content? [Mark Bennett, Scott Greenfield] At European Court for Human Rights, notice-and-takedown policy not enough to insulate Estonian website from liability for racist user comments [Stanford CIS]

The curious case of political blogger (Legal Schnauzer) and multiple litigant Roger Shuler [Ken at Popehat; Brian Doherty, Reason] And: Update on Kimberlin lawsuits against critics includes new action filed against 21 conservative media figures and entities [Popehat]

“A federal judge has thrown out a libel lawsuit a son of Palestinian Authority President Mahmoud Abbas filed last year against Foreign Policy magazine, charging that a commentary the journal published leveled unfounded allegations of corruption. … The piece was written by Jonathan Schanzer of the Foundation for the Defense of Democracies.” [Josh Gerstein/Politico, McClatchy]

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  • Golden Age of libel tourism in UK coming to an end? [Media Law Prof]
  • Tactical use of defamation suits not just a US/UK concern [Bangkok Post, Thailand]
  • “So you’ve been threatened with a defamation suit” [Ken at Popehat]
  • Federal judge tosses casino magnate Sheldon Adelson’s libel suit against National Jewish Democratic Council [JTA, Las Vegas Review-Journal; earlier on Adelson]
  • “‘Federal Verification Company’ Seeks to Shut Down Online Criticism” [Paul Alan Levy] Defending rights of anonymous reviewers in Virginia Yelp case [Public Citizen]

“A federal appeals court has tossed a $10 million defamation suit by a resort in Pigeon Forge, Tenn., that was ranked No. 1 on a 2011 ‘dirtiest hotels’ list by TripAdvisor.” The Sixth Circuit “said the list is opinion protected by the First Amendment.” [ABA Journal, Digital Media Law]

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Free speech roundup

by Walter Olson on September 9, 2013

  • “It’s Not Illegal to Sell Anti-NSA Shirts Bearing the NSA Logo”
    [Volokh]
  • Can an American national be sued in American courts for working to persuade a foreign government to pass an oppressive law? [BTB on Scott Lively Uganda case]
  • “Court Rejects Religious Discrimination Claim Based on Associated Press’s Rejection of Plaintiff’s Religiously Themed Article” [Volokh]
  • Workings of British hate speech law: police visit clergyman who emailed pair of unwelcome religious tracts [Spectator]
  • “HIV Denialist’s Trademark and Defamation Claims Against Critical Blogger” [Paul Alan Levy]
  • Revisiting the practice of suing publishers of drug information in pharmaceutical liability cases [Beck]
  • “Australia’s Press Regulators Look To Enforce Ideological Conformity” [Tuccille, Reason]

Free speech roundup

by Walter Olson on July 31, 2013

  • “Bryon Farmer of the Blackfeet Tribe Jailed For Talking About Corruption In Tribal Government” [Ken at Popehat] “Popehat Signal: Vengeful AIDS Denialist Sues Critic In Texas” [same]
  • Persons with federal government contracts can’t give to federal candidates or parties. Too broad? [Ilya Shapiro and Trevor Burrus, Cato]
  • “Together at last! ‘Some US conservatives laud Russia’s anti-gay bill.’” [@jon_rauch on Associated Press re: "propaganda" measure]
  • More on Second Circuit decision ruling scientific conclusions akin to protected opinion for defamation purposes [Digital Media Law Project, earlier]
  • San Antonio bars appointment to its city boards and commissions of anyone who has ever said anything demonstrating bias “against any person, group or organization on the basis of race” or various other protected categories [Eugene Volokh]
  • Cincinnati Bengals cheerleader wins defamation suit holding gossip site operator liable for user comments [Sporting News] Michigan: “Ionia newspaper editor files defamation suit against critics” [MLive, Popehat with a critical view, update at Popehat following dismissal]
  • “Hate speech” at issue: “Twitter releases users’ identities to French authorities after tough legal battles.” [JOLT]