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First Amendment Free Speech Litigation Strategies

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... more +
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 -
Venable LLP

When Do Opinions Become Defamation?

Venable LLP on

Statements of pure opinion are not actionable as defamation, as they do not imply facts capable of being proven true or false. Qureshi v. St. Barnabas Hosp. Ctr., 430 F. Supp. 2d 279, 288 (S.D.N.Y. 2006); Cochran v. NYP...more

Buckingham, Doolittle & Burroughs, LLC

Understanding Anti-SLAPP Statutes: Do They Apply in Federal Court?

“SLAPP” is an acronym for Strategic Lawsuit Against Public Participation. The term was coined in the 1980s to describe lawsuits initiated to silence public speech about issues of public importance. Under the original...more

Buckingham, Doolittle & Burroughs, LLC

Ohio Becomes the 35th State to Enact an Anti-SLAPP Statute

If you are considering filing a defamation lawsuit or other speech-based claim, you are likely aware that your claim may be challenged based upon free-speech principles or that the defendant may claim that their conduct is...more

Skadden, Arps, Slate, Meagher & Flom LLP

Anonymous Online Speech: Considerations for Victims and Speakers

In today’s world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims...more

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