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Although plagiarism is not a cause of action, copyright infringement is – and that serves as the basis of the lawsuit here. The NYC Bar’s position is in contrast with that of several other courts that have condemned copying in briefs as plagiarism. A key case on point is Iowa S. 2d 756, 757 (Iowa 2010).
Nunes will be allowed to litigate his claim that Lizza defamed him by claiming that he secretly moved his farm from California to Iowa and linked the move to the alleged use of undocumented labor. The Supreme Courtruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.
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