The First Amendment to the U.S. Constitution is arguably the most important part of the document because it guarantees all citizens the right to free speech. It means we have the right to openly debate (and criticize) each other, our neighbors, public figures, and most importantly, our own government. That…
As important as their reputation is to their career, public figures (by the nature of their jobs, which puts them in the spotlight) have a hard time controlling that reputation. The First Amendment to the U.S. Constitution protects most forms of freedom of speech, especially those regarding public figures. The…
The First Amendment to the U.S. Constitution grants all citizens the right to free and open speech. This is especially true of people in the media talking about public figures. The news couldn’t be the news (and it couldn’t be as effective as it is) without the ability to speak…
Although the #MeToo movement gained significant ground with prominent actresses in Hollywood, they’ve made it clear that Tinsel Town is hardly the only place where this kind of alleged abuse and misogyny take place. On the other side of the country, a recent investigation into James Levine, the former music…
The recent decision by a New York appeals court to affirm the dismissal of a defamation lawsuit filed against President Donald Trump highlights two important defenses to charges of defamation or libel. In Jacobus v. Trump, public relations consultant Cheryl Jacobus alleged that President Trump defamed her in a series…
Summer Zervos, who was a contestant on The Apprentice back in 2007 is attempting to sue President Trump for defamation claims which he denies yet claims her suit cannot proceed until his Presidency ends. Zervos alleges that, while she was in meetings with Trump that were supposed to be about…
Hours after excerpts from a book that were published and prior to the book being released, lawyers on behalf of the President had threatened the author by using cease and desist letters. These letters threatened legal action for defamation due to alleged falsehoods. In a letter sent to former Presidential…
Marie Antionette’s, “Qu’ils mangent de la brioche” has been woven into the fabric of an American case in today’s age concerning gay rights and freedom of speech. The cost of regulating free speech is quantified by the emotional, political and economic costs overall. These aspects are weighed against the cost…
Our previous blog post, we discussed the ramifications of posting online reviews anonymously. In that case, a state appeals court ruled that in order to enforce a subpoena for the identities of former employees who had commented anonymously on the workplace review site, the plaintiff must prove the falsity of…
Posting online has become a norm in this tech savvy world that we live in. For greater transparency in a review, some may choose to post anonymously in fear of ramifications if their name disclosure came about. Just recently, the ability of an employer being able to find out which…