1. Recent Legislative Response Ensuring Protection Under the 1st Amendment Chad Milton Marsh David Heller Media Law Resource Center Russell Hickey Media Pro Lee Levine Levine, Sullivan, Koch & Schulz, LLP

2. Legislation Affecting Media Liability Shield laws - Lee Levine Interlocutory appeal laws - Russell Hickey AntiSLAPP statutes - David Heller

3. 2006 PLUS E&O Symposium Philadelphia ~ May 16 & 17, 2006 SLAPP suits = Strategic Lawsuits Against Public Participation Retaliatory lawsuits to intimidate and discourage petitioning activity and/or free speech rights

4. 24 States have enacted anti-SLAPP statutes Arizona, Arkansas, California, Delaware, Florida, Georgia, Hawaii, Indiana, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah and Washington.

5. 2006 PLUS E&O Symposium Philadelphia ~ May 16 & 17, 2006 Anti-SLAPP Statutes Common Features Accelerated hearing Stay of discovery Burden on plaintiff to prove claim has merit Recovery of attorney fees Interlocutory appeal

6. 2006 PLUS E&O Symposium Philadelphia ~ May 16 & 17, 2006 The California anti-SLAPP statute Cal. Civil Code § 425.16 Protects petitioning activity and any act or conduct in furtherance of free speech in connection with a public issue. If speech is covered, plaintiff must establish a probability that he or she will prevail on the claim

7. 2006 PLUS E&O Symposium Philadelphia ~ May 16 & 17, 2006 Recent California Cases Media Wins Sharper Image v. Consumers Union Defamation claim over product review. Consumer Reports said air purifier “barely worked at all” was “unimpressive.” Four Navy Seals v. Associated Press Privacy Claim over AP’s publication of Iraqi photos. Page v. Los Angeles Times Libel claim by business women who inflated her resume.

8. Recent California Cases Media Loses Exotic dancer’s libel claim against magazine allowed to proceed. Alleged tryst with Ben Affleck not a “public issue.”

9. Recent California Cases Media Loses Privacy claim against the producer of the Girls Gone Wild series. Not covered by statute. “Flashing” is not a public issue.

10. Media Cases in Other States Indiana Louisiana New York Oregon Utah

11. Lessons Anti-SLAPP statutes can be a strong defense tool. Good cases can make for good law. Look for good cases to extend anti- SLAPP protection to media defendants.