Category Archives: Defamation

Defamation in the Era of Fake News

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When I was a kid there were three major television networks and a relatively limited number of print publications. A great deal of capital was needed to become one of the few voices in mass media.

Now, in the Internet era, anyone with a computer and an Internet connection can be a publisher. This has democratized media, for better or for worse. The better part – lower barriers to entry for speakers – has been offset by, shall we say, degraded standards for accuracy and journalistic integrity. Witness the current dialogue over “fake news.”

With the proliferation of speakers has come a proliferation of people claiming that they have been defamed. read more

Anti-SLAPP Motions: a Powerful Tool for Media Defendants

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Actor Frank Sivero sued Fox over his claim that “The Simpsons” character “Louie” was based upon Sivero’s character Frankie Carbone in “Goodfellas.” Sivero’s case was thrown out of court by a California state judge. (See “Fox Gets $250M ‘Simpsons’ Lawsuit From ‘Goodfellas’ Actor Tossed.”) No jury heard his claim. Nor was he defeated by a motion for summary judgment, a traditional pretrial motion to dismiss a claim that should be rejected if there is any triable dispute of fact for a jury to resolve. Instead, Sivero’s claim was dismissed pursuant to an “anti-SLAPP” motion, a powerful procedural device that was originally intended to benefit public interest groups, but has become the courtroom weapon of choice for media companies. read more

2 Chainz Likely to Beat Defamation Rap: Defamation Actions can be Problematic

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Rapper 2 Chainz was sued in North Carolina court by Christine Chisholm, a woman who claimed she was referred to as a “THOT” (“that ho’ over there”) in a video, posted on YouTube, in which she appeared backstage after a 2 Chainz concert. (See “2 Chainz Sued for Five Million Over ‘THOT’ Video.”) In the video, 2 Chainz asks his rap colleague “Cap 1” “Is this your THOT?” while Ms. Chisholm is waiting in another room, apparently having been invited backstage. She is then invited to approach 2 Chainz, speaks with him for about a minute, at one moment directly speaks into the video camera, and is then asked to leave.   read more