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First Amendment › Reputation Management

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

International Lawyers Network

THAT’S NOT TRUE: Thoughts, Novel or Not, On Truth, Context, & Defamation

International Lawyers Network on

Defamation cases are hard ones in the real world. Recent US matters involving Dominion Voting,  Sara Palin, and even Cheetos show that these cases continue to interest the general public as well as legal cognoscenti....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Laid-Off Workers Gain Influence on Social Media, Raising Concerns for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Waves of mass layoffs during the past two years have generated a new trend: layoff influencers who use social media to vent feelings, get assistance with a job search, and find community with other laid-off workers. This...more

Cranfill Sumner LLP

Defamation and Reputation Management in the Digital Age

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Defamation is the act of communicating false statements about a person that injures their reputation. Legal protections for a person’s reputation go back to common law and were well developed over the past two centuries....more

Weintraub Tobin

The Briefing: Defamation by Docudrama – Inventing Anna ARCHIVE (Podcast)

Weintraub Tobin on

In this archive episode of "The Briefing," Scott Hervey discusses a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix over her portrayal in the docudrama “Inventing Anna.”...more

Weintraub Tobin

The Briefing: Defamation by Docudrama – Inventing Anna ARCHIVE

Weintraub Tobin on

In this archive episode of "The Briefing," Scott Hervey discusses a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix over her portrayal in the docudrama “Inventing Anna.”...more

Epstein Becker & Green

“They Said What?! I’ll Sue!” – Litigating Defamatory Claims – Speaking of Litigation Video Podcast

Epstein Becker & Green on

As the spotlight on high-profile judgments intensifies, terms such as “libel,” “slander,” and “defamation” permeate public discourse. Former U.S. presidents, A-list celebrities, and even college professors and local business...more

Buckingham, Doolittle & Burroughs, LLC

Can I Sue the Media for Defamation?

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Freedom of the press is a crucial component of the First Amendment of the Constitution and our society as a whole. While most media entities take the protections provided by the First Amendment seriously and do an excellent...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Danish Cults and Defamation

Morrison & Foerster LLP - Left Coast Appeals on

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

Miller Nash LLP

Off the Clock in Oregon but Maybe on the Hook

Miller Nash LLP on

Despite Hollywood’s most recent high-profile case with Amber Heard and Johnny Depp, defamation cases are notoriously difficult to win and often susceptible to pretrial dismissal. Yet, a recent Oregon Supreme Court case—Lowell...more

Allen Matkins

Complaints About Cake Did Not Involve The Public Interest

Allen Matkins on

"Qu'ils mangent de la brioche" Who knew that the decorative cake baking industry could be so contentious?  Three years ago, the United States Supreme Court issued its opinion in Masterpiece Cakeshop, Ltd. v. Colo. Civil...more

Woods Rogers

Business Owners' Reputations: How Notoriety Can Make Owners (and Their Businesses) Prey to Defamation

Woods Rogers on

Effectively marketing a business and maintaining its reputation and goodwill within the community is exceptionally important to the success of a business, but it is a full-time effort as well. For better or worse, a...more

Fisher Phillips

Best Practices For Addressing Negative Social Media Posts Caused By The COVID-19 Pandemic

Fisher Phillips on

As the COVID-19 pandemic continues, the healthcare industry is understandably fraught with unease and uncertainty. This, coupled with the ubiquity of social media, creates challenges for healthcare providers facing public...more

Akin Gump Strauss Hauer & Feld LLP

Top 10 Topics for Directors in 2020: Corporate Reputation

Akin Gump Strauss Hauer & Feld LLP on

Anybody over the age of 40 can recall a time when news was delivered by television, radio and newspapers. Two things that each of those mediums have in common are a substantial capital investment and an existential desire for...more

Robins Kaplan LLP

The Second Circuit Eliminates Iqbal Hearings

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The Second Circuit has breathed new life into Sarah Palin’s case against the New York Times by rejecting the use of an unusual “Iqbal” hearing to determine the plausibility of her allegations....more

Hogan Lovells

Practical Pointers: Social Media Guidelines for Public Officials (and the People who Advise Them)

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Social media has transformed the ways legislators and their staff interact with constituents. Through social media platforms, our elected officials share insights into the legislative process, communicate with constituents,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Anonymous Online Speech: Considerations for Victims and Speakers

Skadden, Arps, Slate, Meagher & Flom LLP on

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

K&L Gates LLP

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

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Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...more

Ballard Spahr LLP

Second Circuit Affirms Dismissal of Sheldon Adelson’s SLAPP Suit Against National Jewish Democratic Council

Ballard Spahr LLP on

The Second Circuit has now affirmed dismissal of a defamation lawsuit brought by casino magnate and Republican mega-donor Sheldon Adelson against the National Jewish Democratic Council (NJDC) and two members of its...more

Clark Hill PLC

Troll Hunting: Practical Strategies for Businesses to Combat Anonymous Online Trolls

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No matter the business you operate, modern commerce increasingly takes place online, rarely putting the consumer and your business face-to-face. A recent study revealed that approximately 80% of American consumers buy...more

Lewitt Hackman

Negative Reviews: Seeing Stars or Trolls? Here's What You Can and Can't Do

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Trolls aren’t just fictional creatures living under bridges in fairy tales – today they are anonymous but highly visible creatures plaguing individuals and businesses on social media. They’re angry, vindictive and financially...more

Lewitt Hackman

Negative Reviews: Franchises Pursuing Truth, Justice, & Defamation Claims

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Franchised businesses, particularly restaurants, hotels, automotive servicers and others have been falling victim to the digital age. Many consumers now choose the places they do business based on what they read on Yelp,...more

Goulston & Storrs PC

Are You Ready for the Attack? Online Brand and Reputation Protection

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It starts with an inaccurate, possibly fake, online review. Then a post appears on a consumer complaint forum. Suddenly, there is a surge of false postings about your company on social media sites. Invariably, these anonymous...more

Brownstein Hyatt Farber Schreck

Protecting High Profile Reputations - Brownstein's $19 Million Verdict Stands After Appeal

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In the modern age of the Internet where “news”—whether or not it’s true—spreads worldwide in an instant, high-profile corporate and individual reputations are under attack every day from business adversaries, disgruntled...more

Gray Reed

Online Reputation Protection and Repair

Gray Reed on

Arriving at his warehouse last week Knott Faire, owner of Faire Carpet Cleaning, discovered yet another complaining critique posted on WELP: “Lots of hype, a mediocre cleaning and a hassle at the end. Don’t get tied up with...more

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