JonathanTurley

APRIL 23, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. The New York Times had run an advertisement referring to abuses of civil rights marchers and the arrest of Martin Luther King Jr. seven times.

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JonathanTurley

JUNE 2, 2022

The massive verdict in favor of actor Johnny Depp yesterday constitutes a rare victory of a public figure under the difficult New York Times v. Attorneys are protected by absolute privilege in court in making harmful and even false statements. YouTube screengrab. Sullivan standard for defamation.

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JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts.

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SCOTUSBlog

JANUARY 8, 2021

However, in 1908’s Ex parte Young , the Supreme Court allowed suits against state officials, in lieu of states themselves, for violations of federal law. Waterfront Commission of New York Harbor v. Murphy involves New Jersey and New York’s Waterfront Commission Compact. In 1978’s Monell v. Finally, Doe v.

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SCOTUSBlog

MARCH 20, 2025

The court also denied the motion by Alabama and 18 other states to bring a case against California and four other states directly in the Supreme Court to block a series of lawsuits against fossil fuel producers, saying that those suits impermissibly sought to dictate interstate energy policy through the aggressive use of state-law tort suits.

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JonathanTurley

OCTOBER 19, 2021

Conversely, New York charged a woman for calling police in a racially charged incident in Central Park. We also discussed a torts case involving a delay in calling police, but that case involved people who were deemed partially responsible for a death. In torts, there is no duty to rescue rule. Bigan , 397 Pa.

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JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. He is facing criminal charges in New York. In my torts class, I teach defamation and often discuss the California retraction law.

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JonathanTurley

JUNE 16, 2021

However, this is now a defamation action which could present significant challenges based on the elements for the tort. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. The complaint alleges per se defamation.

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JonathanTurley

NOVEMBER 20, 2021

However, he was then found guilty in a torts lawsuit brought by the Goldman family and ordered to pay $33.5 The risk of such torts actions is that they proceed under a lower standard of proof. If a court finds such a status, he would be subject to a higher standard of proof under New York Times v.

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Litigation Litigating Tort Laws 11

JonathanTurley

MAY 3, 2021

New York City’s council voted to end the practice, and President Biden is pushing for the U.S. In 1855, the Supreme Court ruled in South v. Congresswoman Pramila Jayapal (D-Wash.), They are not alone. In 1982, in Harlow v.

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JonathanTurley

AUGUST 25, 2021

Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. In New York Times v. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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JonathanTurley

NOVEMBER 22, 2022

The most obvious form of civil liability would be some type of tort action. One of the leading cases occurred in 1952 in a New York lawsuit. Moreover, arguing that these speakers induced violence under another form of tort liability would be quickly rejected under the First Amendment. In Neiman-Marcus v.

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JonathanTurley

OCTOBER 31, 2023

Below is an expanded version of my column in the New York Post on the return of Halloween and joy of little litigators in anticipation of the return of the festival of Samhain. The result is a wicked brew of negligence, product defects, intentional torts, and every other tort and crime known above the netherworld.

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JonathanTurley

JANUARY 19, 2022

It could be claimed that she became a limited public figure subject to the higher standard of proof in New York Times v. The Supreme Court has held that public figure status applies when someone “thrust[s] himself into the vortex of [the] public issue [and] engage[s] the public’s attention in an attempt to influence its outcome.”

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JonathanTurley

APRIL 27, 2021

The Project recently won a significant victory in defeating such a motion from the New York Times. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. Project Veritas has been accused of misleading edits or accounts.

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JonathanTurley

JANUARY 31, 2021

As someone who has taught defamation torts for thirty years, the Trump Administration has been a bonanza of such cases and controversies. I was therefore gladdened by the Supreme Court ruling 8-1 in favor of the free speech in the case, even if it meant a victory for odious Westboro Church. In New York Times v.

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JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

On October 19, the Second Circuit Court of Appeals denied a natural gas pipeline developer’s petition for panel rehearing or rehearing en banc of its ruling that upheld the New York State Department of Environmental Conservation’s (NYSDEC’s) denial of a water quality certificate for the pipeline. 3:17 -cv-02824 (N.D.

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JonathanTurley

OCTOBER 27, 2024

The First Circuit reversed a trial court that dismissed the case, alleging that the American firearms industry is legally responsible for violence in Mexico. However, as a torts professor, there is a question of whether the tort element of proximate cause could be materially changed in the case.

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JonathanTurley

DECEMBER 9, 2020

The lawsuit strikes me as meritless under governing tort doctrines. Torts cases of defamation often turn common understanding of such expression as jokes or opinion. The lawsuit not only contradicts governing case law but threatens constitutional protections for free speech and the free press in seeking such tort relief.

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JonathanTurley

MARCH 3, 2021

The Supreme Court mandated a higher standard to protect freedom of speech and the free press. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. However, a more direct claim (if recognized in a given state) would false light.

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SCOTUSBlog

JUNE 16, 2022

As October Term 2021 winds to a close, the Supreme Court is holding its penultimate scheduled conference this week. Hochul , involving New York State’s mandate that health care workers must have received a COVID-19 vaccination to remain on the job. First up is Dr. A v.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

The court also temporarily enjoined two felony riot statutes because they went “far beyond” the State’s “appropriate interest” in criminalizing participation in a riot with acts of force or violence. New York Court Dismissed Challenge to Local Zoning Law that Restricted Development of Solar Facilities.

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JonathanTurley

AUGUST 24, 2021

As a torts professor, it has been a bonanza for my students to see different issues raised in such cases involving public officials and public figures. The filings raise some interesting questions for tort actions between two public figures. See, e.g., here and here and here and here and here and here and here ).

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JonathanTurley

OCTOBER 4, 2022

As a public figure, he is subject to the standard created in New York Times v. Sullivan, where the Supreme Court held that the first amendment requires breathing space for free speech in criticizing public officials. In a 5-4 decision, Chief Justice Warren wrote a concurrence that extended the ruling in New York Times v.

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JonathanTurley

MARCH 5, 2023

I recently testified on that new evidence. Even if Jankowicz is seriously thinking of suing Fox News, she faces a considerable factual and legal challenges. Under New York Times v. the Supreme Court crafted the actual malice standard that required public officials to shoulder the higher burden of proving defamation.

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JonathanTurley

APRIL 3, 2021

Indeed, as a torts professor, this could prove the golden age of defamation. Recently, new such cases were filed against Fox News , CNN , and various public figures. Those cases join various cases against figures like Donald Trump, who recently lost a major ruling. It now seems certain that Florida Rep.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Federal Court Dismissed “Frivolous” First Amendment Claims by Man Who Sought Distribution of Position Paper Referring to Climate Change as “Malicious Hoax”. Swiss Court Ruled that Imminent Danger of Climate Crisis Justified Protesters’ Actions.

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JonathanTurley

DECEMBER 27, 2020

The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. The New York Times had run an advertisement referring to abuses of civil rights marchers and the arrest of Martin Luther King Jr. When New York Times v.

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SCOTUSBlog

JANUARY 16, 2025

They contended that it would seem to follow from Apprendi that a jury must find any facts necessary to support a (nonzero) restitution order, and they suggested that the court should take up a lower court ruling to the contrary. The challengers then sought Supreme Court review. Relisted after the Jan. 10 conference.)

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JonathanTurley

MAY 23, 2021

A new lawsuit by the Chinese American Civil Rights Coalition has garnered national attention in the media where former President Donald Trump is being sued for his use of such terms as the “Chinese Virus,” “China Virus,” “Wuhan Flu,” and “ Kung Flu.” Major loser, zero credibility!”

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JonathanTurley

MAY 27, 2021

The Supreme Court has long protected opinion under free speech rulings. In cases like New York Times v. Sullivan , the court sought to create “breathing space” by articulating a standard that now applies to both public officials and public figures. The New York Times denounced figures like Sen.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

The court, which did not address the plaintiffs’ arguments regarding alleged inadequacies in the climate change-related analyses, found that the plaintiffs failed to demonstrate a likelihood of success on the merits or that they would suffer irreparable harm. New York v. 19, 2021); New York v. 21-1026 (D.C.

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JonathanTurley

FEBRUARY 1, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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ClimateChange-ClimateLaw

JUNE 8, 2021

The court denied, however, Connecticut’s motion for costs and fees, noting that several issues raised by Exxon were novel in the Second Circuit and that many relevant portions of district court rulings in other circuits had not been subject to appellate review until the Supreme Court’s recent decision in the Baltimore case.

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JonathanTurley

JANUARY 10, 2024

Sanctuary cities from Chicago to New York are actively trying to prevent new migrants from seeking sanctuary within their own borders. Indeed, even under the Federal Tort Claims Act (FTCA) which holds the government liable for civil damages, there is a discretionary function exception codified under 28 U.S.C.

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JonathanTurley

FEBRUARY 3, 2022

That was the concern that led the Supreme Court to curtail defamation actions. He is subject to the higher standard of proof in New York Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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