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Articles Posted in First Amendment

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Accusations of Sexual Abuse Held Protected by Ecclesiastical Abstention Doctrine

The ecclesiastical abstention doctrine traces its roots to Supreme Court precedent holding that the First Amendment secures a sphere of institutional autonomy for religious organizations. Under this jurisprudence, churches enjoy freedom from secular intrusion in matters central to their identity, including questions of faith, doctrine, and internal governance. Historically, courts…

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Public Concern vs. Private Concern

Virginia’s anti-SLAPP statute offers immunity against tort claims based on statements “regarding matters of public concern.” We know generally that matters of public concern are those considered to be subjects of “legitimate news interest” such as those “relating to any matter of political, social, or other concern to the community.”…

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Courts Won’t Resolve Scientific Controversies

If truth is a complete defense to a defamation action, what about “scientific truth”? Are scientific findings “facts” that can form the basis of a defamation action if a particular scientist contends they are inaccurate? If so, how much of a consensus is required before a matter of scientific inquiry…

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Prior Restraints of Defamatory Speech

In Virginia, injunctions are considered an extraordinary remedy and, due to First Amendment concerns, are generally not available to enjoin a person from speaking. Known as “prior restraints,” injunctions against defamatory speech are disfavored and bear a heavy presumption against validity. The Supreme Court has written that “a free society…

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Insulting-Words Statute Satisfied if Words Defamatory Per Se

Another federal judge faced with interpreting Virginia’s insulting-words statute has found that (1) a face-to-face confrontation is not required, and (2) if the words at issue are defamatory per se, then they automatically satisfy the requirements of the statute. The case is Christen Waddle v. Aundrea Claughton, currently pending in…

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The Statute of Limitations for Defamation Actions

Under the current statute, suits in Virginia for libel, slander, or “insulting words” can only be brought within one year from the time of publication. Earlier this month, delegate Dave Albo filed House Bill No. 1635, proposing that the Commonwealth increase the limitations period to two years, and providing further…

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Paul Brodeur’s Lawsuit Against Columbia Pictures

So you may have heard that environmental scientist Paul Brodeur is seeking $1 million in damages for libel, defamation, slander and false light against the movie studios behind 2013’s highly acclaimed film American Hustle. Why? Because according to him, the movie damaged his reputation by “attributing…a scientifically unsupportable statement” to…

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Anonymous Online Critic Will Remain Anonymous Absent Defamation

Virginia practitioners will know more about this topic in a few months, when the Supreme Court of Virginia decides Yelp, Inc. v. Hadeed Carpet Cleaning, but for now, we have an opinion from Fairfax Circuit Court applying the six-part test established by Yelp for uncovering the identity of anonymous Internet…

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Preliminary Injunctions Against Defamatory Speech Seldom Justified

Courts grant temporary injunctions sparingly and only after the moving party has alleged and proved facts entitling it to relief. Injunctive relief generally is not available to prohibit the making of defamatory statements as prior restraints on speech violate the First Amendment to the United States Constitution. Injunctions may sometimes…

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How to Unmask Anonymous Yelp Reviewers Who Defame Your Business

The First Amendment protects anonymous speech, including online reviews of products and services written by people using fake names. The right to anonymous speech, however, is not absolute. Defamatory speech, whether or not anonymous, is not entitled to protection, as there is no constitutional value in false statements of fact.…

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