Recent Legislative Response
Ensuring Protection Under
the 1st Amendment
Chad Milton
Marsh
David Heller
Media Law Resource Center
Russell Hickey
Media Pro
Lee Levine
Levine, Sullivan, Koch & Schulz, LLP
Legislation Affecting
Media Liability
• Shield laws Lee Levine
• Interlocutory appeal laws Russell Hickey
• AntiSLAPP statutes David Heller
2006 PLUS
E&O Symposium
SLAPP suits =
Strategic Lawsuits
Against Public Participation
Retaliatory lawsuits to intimidate and
discourage petitioning activity and/or
free speech rights
Philadelphia ~ May 16 & 17, 2006
24 States have enacted
anti-SLAPP statutes
Arizona, Arkansas, California,
Delaware, Florida, Georgia, Hawaii,
Indiana, Louisiana, Maine, Maryland,
Massachusetts, Minnesota, Missouri,
Nebraska, Nevada, New Mexico, New
York, Oregon, Pennsylvania, Rhode
Island, Tennessee, Utah and
Washington.
2006 PLUS
E&O Symposium
Anti-SLAPP Statutes
Common Features
Accelerated hearing
Stay of discovery
Burden on plaintiff to prove claim has merit
Recovery of attorney fees
Interlocutory appeal
Philadelphia ~ May 16 & 17, 2006
2006 PLUS
E&O Symposium
The California anti-SLAPP statute
Cal. Civil Code § 425.16
Protects petitioning activity and any act or
conduct in furtherance of free speech in
connection with a public issue.
If speech is covered, plaintiff must
establish a probability that he or she will
prevail on the claim
Philadelphia ~ May 16 & 17, 2006
2006 PLUS
E&O Symposium
Recent California Cases
Media Wins
Sharper Image v. Consumers Union
Defamation claim over product review.
Consumer Reports said air purifier “barely worked at all”
was “unimpressive.”
Four Navy Seals v. Associated Press
Privacy Claim over AP’s publication of Iraqi photos.
Page v. Los Angeles Times
Libel claim by business women who inflated her resume.
Philadelphia ~ May 16 & 17, 2006
Recent California Cases
Media Loses
• Exotic dancer’s libel
claim against
magazine allowed
to proceed. Alleged
tryst with Ben
Affleck not a “public
issue.”
Recent California Cases
Media Loses
• Privacy claim
against the
producer of the
Girls Gone Wild
series. Not covered
by statute.
“Flashing” is not a
public issue.
Media Cases in Other
States
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•
•
•
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Indiana
Louisiana
New York
Oregon
Utah
Lessons
Anti-SLAPP statutes can be a strong
defense tool.
Good cases can make for good law.
Look for good cases to extend antiSLAPP protection to media
defendants.