Mary Ellen Egan
Contributor
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Judge Allows $1.6 Billion Defamation Suit Against Fox News to Proceed

On December 16th, a judge in the for the Superior Court of the State of Delaware denied Fox News’ request to have a $1.6 billion defamation suit filed against it by Dominion Voting Systems dismissed. In March 2021, Dominion sued Fox News for defamation, arguing that network hosts, including Maria Bartiromo, Lou Dobbs, Tucker Carlson, Sean Hannity, and others, spread false information that its company’s technology was used to rig the election in favor of Joe Biden.

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Scales of Justice

Texas’ Social Media Law is Unconstitutional, Federal Court Rules

On December 1st, a federal court in Texas issued a preliminary injunction against Texas’ social media law, HB 20, for violating platforms’ First Amendment right to moderate the third-party content they disseminate. "HB 20 prohibits virtually all content moderation, the very tool that social media platforms employ to make their platforms safe, useful, and enjoyable for users," U.S. District Court Judge Robert Pitman wrote. 

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Two Georgia Election Workers Sue Far-Right Website for Defamation

A Georgia mother and daughter who processed ballots in Atlanta for the 2020 presidential election are suing The Gateway Pundit, a right-wing conspiracy theory website, for falsely claiming they manipulated ballots. According to the complaint filed in the circuit court for St. Louis City, Missouri, by Ruby Freeman and Wandrea “Shay” Moss, the website published dozens of false stories about them, calling them “crooked Democrats” and claiming that they “pulled out suitcases full of ballots and began counting those ballots without election monitors in the room.”

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Former Defense Secretary Files Prior Restraint Suit Against the Department of Defense

On November 28th, Mark Esper, who served as the defense secretary during the Trump administration, filed a lawsuit against the Department of Defense (DoD) in the U.S. District Court for the District of Columbia. In his complaint, Esper says the DoD has “unlawfully imposed a prior restraint upon Mr. Esper by delaying, obstructing and infringing on his constitutional right to publish his unclassified manuscript entitled ‘A Sacred Oath’.”

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Judge Issues First Prior Restraint Against NY Times in 50 Years

On November 18th, a Supreme Court judge for Westchester County issued a temporary prior restraint against The New York Times brought by Project Veritas, a conservative organization founded by political activist James O’Keefe. The prior restraint arises from a November 11th article in The Times about a Justice Department investigation into Project Veritas’s reporting methods, including its possible involvement in the theft of a diary belonging to President Joe Biden’s daughter.

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Former Celebrity Apprentice Contestant Settles Long-Running Defamation Suit Against Trump

On November 12th, Summer Zervos, a former “Celebrity Apprentice” contestant, settled her defamation suit against Donald Trump. Zervos sued Trump just days before he took office in 2016 after he called her a liar when she accused Trump of sexually assaulting her in 2007.  For the majority of Trump’s term in office, the lawsuit was stalled by a debate over whether the Supremacy Clause of the Constitution barred state courts from interfering with a sitting president’s official duties.

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Alex Jones Liable by Default in Sandy Hook Elementary Defamation Suit

On Monday, November 15th, a superior court judge in Connecticut ruled that conspiracy theorist Alex Jones was liable by default in a defamation lawsuit. Judge Barbara Bellis issued the default judgement after years of Jones’ refusal to turn over financial and web analytics data that had been ordered by the court.

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Trump

Pennsylvania Voting Official Sues Trump, Guiliani, and Others for Defamation

James Savage, a supervisor of a voting machine warehouse in the Philadelphia suburbs is Donald Trump, his two former attorneys Rudy Guiliani and Jenna Ellis, and two GOP poll watchers for defamation and civil conspiracy. The lawsuit, filed in Philadelphia county court, alleges that Gregory Stenstrom and Leah Hoopes, the two GOP poll watchers, falsely claimed that Savage altered the vote tabulation of the 2020 presidential election and gave Joe Biden 50,000 additional votes.

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