Fall 2019 »

Fear Not: New York Times v. Sullivan Heartily Embraced by the Court’s Newest Jurist, Justice Kavanaugh

Fear Not: New York Times v. Sullivan Heartily Embraced by the Court’s Newest Jurist, Justice Kavanaugh

DWT Media Law September 27, 2019 Comments Off on Fear Not: New York Times v. Sullivan Heartily Embraced by the Court’s Newest Jurist, Justice Kavanaugh

By Laura Handman and Lisa Zycherman Justice Clarence Thomas recently triggered profound concern among First Amendment and media lawyers by suggesting that the nation’s high court reevaluate New York Times v. Sullivan, calling that

Read More »
The San Francisco Police Department vs. Bryan Carmody

The San Francisco Police Department vs. Bryan Carmody

DWT Media Law September 27, 2019 Comments Off on The San Francisco Police Department vs. Bryan Carmody

By Thomas R. Burke and Dan Laidman San Francisco police made national news May 10 when officers burst into a journalist’s house using sledgehammers and kept him handcuffed for hours while they ransacked his

Read More »
Second Circuit Affirms Dismissal of Lawyer’s 
Libel Suit against New York Post

Second Circuit Affirms Dismissal of Lawyer’s 
Libel Suit against New York Post

DWT Media Law September 27, 2019 Comments Off on Second Circuit Affirms Dismissal of Lawyer’s 
Libel Suit against New York Post

BY ROBERT BALIN AND ERIC FEDER A New York Post article headlined “Hostile Mega-Lawyer Accused of Abusing Pregnant Wife,” was a fair report of a bitter custody trial, the 2nd Circuit ruled recently. Zappin

Read More »
California Considers Cannabis Ad Legislation

California Considers Cannabis Ad Legislation

DWT Media Law September 27, 2019 Comments Off on California Considers Cannabis Ad Legislation

By Nicole Phillis and Sam Cate-Gumpert This article has been updated to reflect the fact that AB1417 was killed in the Senate Appropriations Committee on August 30, 2019. Legislation introduced in the California State

Read More »
Viral Like Me

Viral Like Me

DWT Media Law September 27, 2019 Comments Off on Viral Like Me

BY LANCE KOONCE I had heard this story before: the one where someone’s tweet goes viral and is rapidly embedded in media stories around the globe. In fact, it’s a story that had been

Read More »
Grindr and Armslist Cases Reaffirm Core Protections for User-Generated Content

Grindr and Armslist Cases Reaffirm Core Protections for User-Generated Content

DWT Media Law September 27, 2019 Comments Off on Grindr and Armslist Cases Reaffirm Core Protections for User-Generated Content

BY JAMES ROSENFELD, AMBIKA KUMAR DORAN, AND ROBERT E. MILLER Sometimes bad facts don’t make bad law. Two recent decisions confirm that a federal immunity statute protects websites from claims that they allowed their

Read More »
Climate Speech Wars Heat Up: Greenpeace Fights for Its Right to Call out Big Industry

Climate Speech Wars Heat Up: Greenpeace Fights for Its Right to Call out Big Industry

DWT Media Law September 27, 2019 Comments Off on Climate Speech Wars Heat Up: Greenpeace Fights for Its Right to Call out Big Industry

BY LANCE KOONCE, LAURA HANDMAN, LISA ZYCHERMAN, AND THOMAS R. BURKE In 1972, the Sierra Club brought suit in California to temporarily halt logging in a primitive forest to try to prevent despoliation that

Read More »
Supreme Court Expands Application of Exemption for Business Data under Freedom of Information Act

Supreme Court Expands Application of Exemption for Business Data under Freedom of Information Act

DWT Media Law September 27, 2019 Comments Off on Supreme Court Expands Application of Exemption for Business Data under Freedom of Information Act

BY CHIP ENGLISH, RONALD G. LONDON, ASHLEY L. (WATKINS) VULIN, ALLISON B. CONDRA, AND ERIC M. STAHL Rejecting a standard that had governed lower courts for 45 years, the U.S. Supreme Court has made

Read More »
California Supreme Court Analyzes Anti-SLAPP Protection for Speech in a Commercial Setting: Courts Must Consider Challenged Statement’s Context

California Supreme Court Analyzes Anti-SLAPP Protection for Speech in a Commercial Setting: Courts Must Consider Challenged Statement’s Context

DWT Media Law September 27, 2019 Comments Off on California Supreme Court Analyzes Anti-SLAPP Protection for Speech in a Commercial Setting: Courts Must Consider Challenged Statement’s Context

By THOMAS R. BURKE, KELLI L. SAGER, ROCHELLE L. WILCOX, and NICOLETTE VAIRO The California Supreme Court unanimously decided earlier in the year that in ruling on an anti-SLAPP motion, the context of a

Read More »