Media and First Amendment

Can You Sue a Law Firm for Doing Its Job Talkov Law

Can You Sue an Attorney for Doing their Job? [Anti-SLAPP Protection for Litigation-Related Activities]

Can an Attorney Be Sued for Representing a Client in Litigation? It may sound ridiculous, but attorneys (or their law firms) are sometimes tacked on as defendants in a complaint. Is this legal? Can another attorney do this? Talkov Law’s attorneys explain how anti-SLAPP law prevents this and the devastating legal repercussions of including a … Read More

Anti-SLAPP Can Be Used to Strike “Mixed Conduct” Claims [Baral v. Schnitt (2016) 1 Cal. 5th 376]

California’s Anti-SLAPP History Like 28 other US states, California has enacted an anti-SLAPP statute in its Code of Civil Procedure. The statute states that “[a] cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or … Read More

Anti-SLAPP Victory for Talkov Law

Cori Schumacher Loses Restraining Order, Anti-SLAPP Motion Granted, Court Rules in Victory for Talkov Law

Cori Schumacher, Carlsbad Councilmember, Loses Anti-SLAPP Motion; Court Sides With Talkov Law’s First Amendment Briefing As covered by Volokh Conspiracy and the San Diego Union Tribune, a California court sided with the First Amendment in granting an Anti-SLAPP motion to strike a restraining order petition filed by Carlsbad City Councilwoman Cori Schumacher against three outspoken … Read More

Foreign Language Newspapers Qualify for Adjudications as Newspapers of General Circulation

Foreign Language Newspapers Qualify for Adjudication as Newspapers of General Circulation – Gov. Code 6001

Newspaper in Languages Besides English Qualify to Run Legal Notices as Newspapers of General Circulation Under California Government Code 6001 In California, official legal notices and legal advertising can be published only in a newspaper of general circulation adjudicated by a court of law. Whether a publication chooses to seek adjudication as a newspaper under the … Read More

Actual Malice Defamation Public Figure California Law

Actual Malice Standard for Defamation of Public Figures in California

Public Figures Bear a Heavy Burden to Show Actual Malice for Defamation in California Many public figures have trouble understanding that they enjoy very limited protection from defamation. Instead, they are required to meet a heavy burden to establish actual malice, which can rarely be proven. “To show actual malice, plaintiffs must demonstrate [that the … Read More

Defamation Defense Opinion Rhetorical Hyperbole Attorney Lawyer California

Rhetorical Hyperbole Defense to Defamation Under the First Amendment

Defamation Defense of Opinion Means that “Rhetorical Hyperbole, Vigorous Epithets, Lusty and Imaginative Expressions of Contempt” are Protected by the First Amendment Many politicians and others in the public eye are bothered by those who express opinions about them that they believe are false. Despite their disappointment, the First Amendment protects rhetorical hyperbole and imaginative … Read More

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