donal brown

Judge in Palin libel case surprises with decision for Times while jury deliberates

Even with the jury deliberating during the defamation suit Sarah Palin brought against The New York Times, a Federal District Judge Jed Rakoff ruled that the suit should be dismissed for failure to prove actual malice. The jury will continue to deliberate in anticipation that its findings could be useful in an expected appeal. (Politico, February 14, 2022, by Josh Gerstein). Update: The jury found in favor of the Times. The U.S. Supreme Court has

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Trump no respect for Presidential Records Act

Former President Donald Trump violated the Presidential Records Act in carting off 15 boxes of documents, some top secret, to his Florida residence. The boxes were returned, but it has emerged that Trump routinely dispatched crucial papers, even to go so far as to flush some down the toilet. The National Archives continues to search for other government documents and refused Trump advisers’ requests to declare that Trump had done nothing wrong. (The Washington Post,

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Prior restraint: Uptick in using courts to silence press

Media lawyer Matthew Schafer, in Gen, February 11, 2022, reports that litigants are increasingly asking the courts to muzzle the press. In 1971 the Supreme Court ruled in the Pentagon Paper case that there should be a “heavy burden” for justification of prior restraint. Some courts have been persuaded to block the press, and some justices on the U.S. Supreme Court have expressed some disdain for the news media. Reporter Billie Hobbs in The News

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Court protects speech encouraging illegal immigration

The Ninth Circuit U.S. Court of Appeals blocked a law forbidding speech abetting undocumented citizens in entering or living in the U.S., ruling that the law violated free speech rights. The court found the law overbroad and potentially stifling speech that should be protected such as encouraging the undocumented to take shelter during a disaster or telling someone that they are unlikely to suffer consequences should they overstay a tourist visa. (Jurist, February 12, 2022,

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Spotify faces boycott over lies about Covid-19

Rock star Neil Young withdrew his music from Spotify in protest of Spotify’s Joe Rogan podcast that disseminated lies about Covid-19. Other musicians followed Young’s lead while Spotify opted to keep the Rogan podcast. (CBS News, February 1, 2022, by The Associated Press) Spotify said the company was committed to free expression and said they would put warnings on podcasts about Covid-19 and direct listeners to reliable information. (The New York Times, January 1, 2022,

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