imaytal's blog

Justice Delayed But Not Denied – Appellate Court Overturns $60K Verdict Against Blogger for Posting “Not False” Information

"The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is." – Winston Churchill

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$60,000 Ruling Against Truthful Blogger Tests Limits of the First Amendment

One of the first things I learned as a journalist, and later again as a media lawyer, was that under the First Amendment the "truth" could not be subject to a viable defamation claim. True statements are simply constitutionally immune and plaintiffs cannot sidestep all of the common law and constitutional protections for true speech through creative pleadings that would merely re-label defamation as another cause of action.

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Appeals Court to Filmmaker: Turn Over Your Footage to Chevron

A federal appellate court has issued a swift ruling, in a high profile reporter's privilege case, that requires a filmmaker to surrender some of his unpublished footage to a powerful oil company.

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Court Battle for Filmmaker's Footage Spurs National Debate on Reporter's Privilege

A filmmaker's fight against an oil company seeking his raw documentary footage has spurred a national debate on the reporter's privilege, pitting media organizations and filmmakers against powerful corporations and criminal defense attorneys.  At stake is the breadth of the protection given to unpublished newsgathering materials and, ultimately, the basic trust between journalists and their sources.

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