Wednesday, November 8, 2017
Zansberg on Recent High-Profile Cases and the Need For Greater Procedural Protections for the Press @BallardSpahrLLP @SturmCOL
Steven D. Zansberg, Ballard, Spahr, LLP; University of Denver College of Law, has published Recent High-Profile Cases Highlight the Need For Greater Procedural Protections for Freedom Of the Press at 33 Comm. Law. 7 (Fall 2017). Here is the abstract.
Two recent high-profile First Amendment cases, Terry Bollea (a/k/a Hulk Hogan) v. Gawker Media and Beef Products, Inc. v. American Broadcasting Companies, Inc. (a/k/a the “Pink Slime” case) demonstrate the need for greater procedural protection for media defendants in civil litigation arising from their newsgathering and publishing activities. To provide the “breathing space” for the freedom of speech the Constitution demands, there must be an opportunity for interlocutory appeal of dispositive motions premised on First Amendment defenses. This article discusses four alternative approaches to establish such a procedural mechanism. The author also calls upon those in the legal academy to prepare more detailed and scholarly articles urging the judiciary to recognize this constitutionally-mandated remedy.
Download the article at the link.