News & Analysis as of August 3, 2025

Actual Malice

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Recent Decision Shows the Heavy Burden of Actual Malice in Defamation Suits

Axinn, Veltrop & Harkrider LLP on 5/8/2025

Ever since the landmark case New York Times Co. v. Sullivan, 376 U.S. 254 (1964), to succeed on a defamation claim, plaintiffs who are also public figures have a constitutional requirement to show that the defendant acted...more

Wynn v. The Associated Press, et al.: A Recent Petition for a Writ of Certiorari Highlights Challenges to New York Times v....

Axinn, Veltrop & Harkrider LLP on 3/7/2025

The 1964 Supreme Court case New York Times v. Sullivan, which requires public officials to prove “actual malice” to succeed on a defamation claim, was a watershed moment in defamation law. Curtis Publishing Co. v. Butts was...more

The Second Circuit Revives Sarah Palin’s Defamation Suit Against The New York Times

Epstein Becker & Green on 1/9/2025

The Second Circuit Court of Appeals has once again revived Sarah Palin’s longstanding defamation suit against The New York Times. The Second Circuit’s opinion highlights important procedural and substantive issues in...more

This Week at the Ninth: Danish Cults and Defamation

Morrison & Foerster LLP - Left Coast Appeals on 8/19/2022

This week, the Ninth Circuit addresses the First Amendment “limited-purpose public figure” doctrine in the context of a charitable organization’s fundraising activities. The Court holds that charitable organizations...more

Three Point Shot - Dec 2021

Proskauer Rose LLP on 12/23/2021

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

Religion, Kombucha, and the First Amendment: California Court of Appeal Affirms Dismissal of Defamation Claim Against Web...

Kelley Drye & Warren LLP on 12/21/2017

The California Court of Appeal issued a recent ruling with interesting ramifications for media, entertainment, and First Amendment practitioners. The decision by the Second District Court of Appeal, though unpublished, has...more

California Court of Appeals Affirms Dismissal Under Anti-SLAPP Statute of Defamation Claim Against Online Platform Hosting...

Ballard Spahr LLP on 12/14/2017

A recent appellate ruling may have important implications for online publishers who invite, encourage, and even compensate third-party contributors to post information without prior approval or review....more

Paul Watler Speaks: Texas Supreme Court Opinions Firm Up Anti-SLAPP Rights For Online Journalists

Jackson Walker on 4/28/2016

Online journalists and scholars from the Americas and around the globe recently gathered at the University of Texas at Austin to assess the state of internet-based journalism. The keynote address of the 16th annual...more

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