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Rhetorical Hyperbole Is The Defamation Defense Du Jour (Guest Column)


Rhetorical Hyperbole Is the Defamation Defense Du Jour (Guest Column)
Joe Raedle/Getty Images; Rich Polk/Getty Images; Gary Miller/Getty Images
Forget libel-proof plaintiffs. In the era of fake news, it s all about the libel-proof defendant. Just ask Tucker Carlson and Barstool Sports.
Consumers of news are increasingly trained to be skeptical of what they read and hear from the media and political leaders. With a country increasingly divided in its political choices and media consumption, everything is fake news to someone else.
Suffice to say, this puts a great strain on defamation law. Judges hardly the most media savvy are forced to grapple with cultural products they hardly understand. ....

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U.S. Judge in Decade-Long Struggle Affirms First Amendment Right to Access 'On Receipt' – Courthouse News Service


While a court clerk fought to the last ditch against press access, a box on the counter in Ventura’s state court stood as a symbol of access past and future.
Screenshot of U.S. District Judge Dolly Gee, during an interview with the National Asian Pacific American Bar Association.
LOS ANGELES (CN) On the counter in Ventura Superior Court sat the ghost of access past, a white, plastic press box.
It came from the days of old when new cases were filed in paper and the local press was strong. But in 2011, when Courthouse News first challenged the Ventura court clerk on First Amendment grounds, it sat useless on the counter. ....

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Two Decades Later, Orange County Court Returns Press Access 'Upon Receipt'


After years of legal contest with the huge Southern California court of Orange County, a deal has been struck and the press will once again have access to the new civil cases when they cross the counter, one that was physical and is now virtual.
Ninth Circuit Court of Appeals in Pasadena, California. (Courthouse News photo / Bill Girdner)
SANTA ANA, Calif. (CN) A long time ago, in late 2002, a supervisor at the superior court in Orange County told a group of reporters they would no longer be seeing the new civil complaints at the end of the day.
The clerk had decided to scan the documents first. The supervisor, named Connie, told the reporters they would see the new cases the next morning. But it did not work out that way. ....

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