Proposed Federal Anti-SLAPP Legislation

One of the websites I check often is California Anti-SLAPP Project ("CASP").  CASP was founded in 1991 and has been instrumental in shaping California's anti-SLAPP statute.  To put this statement in perspective, California was the first state to enact a so-called anti-SLAPP statute.  Now nearly thirty states have such a statute.  CASP was also involved […]

Oprah Winfrey Seeks Dismissal of Defamation Lawsuit

The ex-head mistress of Oprah Winfrey's Leadership Academy for Girls sued Winfrey last month in Philadelphia for defamation, based on certain alleged comments made by Winfrey.  For example, the complaint alleges that Winfrey said, "I thought she cared about the girls of South Africa."  The implication being, according to the Complaint, that the ex-head mistress […]

Does The Discovery Rule Apply To Defamation Cases?

Yesterday I wrote about the statute of limitations for an action for libel or slander, which is one year. But when does the clock start running, or in legal terms, when the does the action begin to accrue? For torts, the answer is generally when the injury occurred.  But that's not always the case.  In […]

How Long Can You Wait To File A Defamation Lawsuit?

In California, you have one year from the date of publication in which to file an action for libel and slander.  Code of Civil Procedure § 340(c).  That's right.  Only one year.  Lawyers call this a "statute of limitations."  Therefore, do not wait to file a defamation claim or you may lose the right to […]

Linking to third-party content: Does Section 230 Provide Immunity?

Eric Goldman of the Technology Law Blog seems to think so and I agree.  The Communications Decency Act was passed in 1996 and later was interpreted by courts to immunize internet service providers form torts committed by users of their systems.  In specific, it says: "No provider or user of an interactive computer service shall be […]

Plaintiffs May Remain Anonymous In Internet Defamation Cases

Lisa H. Miller writes in the Internet Defamation Law Blog about Sealed Plaintiff v. Sealed Defendant # 1, 06-1590-cv (2nd Cir. 2008), a case which addresses the question:  "Can a plaintiff sue anonymously in an internet defamation setting?"  The answer is yes, as long as the plaintiff's need to remain anonymous outweighs the public's need […]

Does the U.S. Need A National Speech Code?

I wrote a post not too long ago about "defamation of religion" and the United Nations.  After reading Steven Groves' excellent article, "Why the U.S. Should Oppose "Defamation of Religions" Resolutions at the United Nations", I am firmly convinced that the First Amendment as we understand it today is in danger.  It is well known […]