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The Illusion of Action: Cuomo’s New Gun Manufacturer Liability Law is a Colossal Misfire

JonathanTurley

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It has failed repeatedly in various states, including New York.

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Deadspin Defamation: Parents of Holden Armenta Move Toward Libel Action Over Blackface Allegation

JonathanTurley

There are 33 states with retraction statutes. In New York Times v. Hill , which held that a family suing Life Magazine for false light must shoulder the burden of the actual malice standard under New York Times v. .” These retraction letters are often the open salvo in defamation actions.

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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. 47 U.S.C. §

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New York’s Circular Firing Squad: Gun Groups Sue Over Latest Legislative Misfire on Gun Control

JonathanTurley

Below is my column in the Hill on New York’s latest gun control measure — and the latest challenge to a New York law. What is most striking in reviewing the line of gun cases coming out of New York is that the Empire State has done more for gun rights than any “pro-gun” state.

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Aged Out at 17? Prince Andrew Raises Surprising Defense to Giuffre Lawsuit

JonathanTurley

The Duke of York is arguing that Giuffre was too old at the time of the alleged sexual acts to use the New York Child Victims Act (CVA) to “revive” her claims now. Prince Andrew is arguing that there is an inherent conflict under state law with these claims in light of the general consent law in New York.

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“Nevermind”: California Man Sues Band 30 Years After Being Featured as a Naked Baby on Iconic Cover

JonathanTurley

The case is brought under statutes like 18 U.S.C. In New York Times v. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Likewise, areas like defamation have been limited by the First Amendment.

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“Evil Light” or False Light? A Pro-Life California Woman Objects to False Image in Democratic Ad

JonathanTurley

There was an interesting torts question raised last week over an abortion rights video ad shared by former Secretary of State Hillary Clinton, Democratic Gov. The video was made to support Proposition 1, a pro-choice amendment to the California State Constitution. In New York Times v. Gavin Newsom, and others.

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