The First Amendment protects the freedom of speech and press, but it’s not an absolute right. In the realm of journalism and public discourse, the threat of libel claims looms large. However, Illinois courts have recognized a robust defense known as the “substantial truth doctrine” that provides a shield against…
Introduction In an era marked by rapid technological advancements and the omnipresence of the internet, the boundaries of free speech have become more ambiguous than ever before. In the United States, the First Amendment safeguards the freedom of expression, including the freedom of the press. However, this freedom is not…
In the ever-evolving landscape of the entertainment industry, few legal battles have captured as much attention and controversy as the long-standing dispute between pop superstar Kesha and music producer Dr. Luke. For years, this high-profile libel suit cast a shadow over both artists’ careers and ignited passionate discussions about the…
Bankruptcy allows people and businesses to “discharge” some of their debts. But representatives for the families of the children involved in the Sandy Hook massacre are asking Judge Christopher Lopez to make the settlement money Alex Jones owes them “non-dischargeable.” The families sued Alex Jones, who repeatedly called the Sandy…
People who already have wealth and power are increasingly using defamation lawsuits as a weapon against their enemies. Even when the lawsuits are found to be baseless, they’re still having the desired effect of silencing the plaintiff’s opponents. Newspapers have increasingly been targeted by defamation lawsuits. While large, national newspapers,…
Destroying someone’s reputation is easier than ever. Rather than spreading rumors amongst their friends one at a time, all you need now is access to the internet and you can spread lies and unflattering photos of them all over the world. But just because it’s easy doesn’t mean it’s legal.…
You would think someone who has been a public figure for as long as Donald J. Trump has would know what a high bar public figures have to meet when it comes to suing for defamation, especially given the number of defamation lawsuits in which Mr. Trump has already been…
Among the many legal battles involving Donald Trump these days is a recent lawsuit in which Trump sued his niece, Mary Trump, along with the New York Times for reporting on his tax records in 2018. The series of articles accused Trump of engaging in tax schemes and cast doubt…
A defamation claim should be dismissed under the “substantial truth” defense where the “gist” or “sting” of the allegedly defamatory material is true.” Harrison v. Chicago Sun-Times, Inc., 341 Ill.App.3d 555, 563 (1st Dist. 2003) (reporter defendant’s use of the word “kidnapped” conveyed the gist or sting that would have…
The litigation privilege does not apply when a defamatory communication is made to people who have no legitimate “connection to the lawsuit.” Edelman, 338 Ill. App. 3d at 166. The Edelman rule applies whether or not a lawsuit has been filed, whether or not the complaint was shown to outsiders…