No. 19-1383

Michael Leidig, et al. v. BuzzFeed, Inc.

Lower Court: Second Circuit
Docketed: 2020-06-16
Status: Denied
Type: Paid
Response Waived
Tags: burden-of-proof civil-rights credibility evidence evidentiary-standard falsity first-amendment free-press free-speech freedom-of-the-press libel media-defendant summary-judgment
Latest Conference: 2020-09-29
Question Presented (from Petition)

This Court has held that the First Amendment's guarantee of freedom of the press requires that when a plaintiff sues a media defendant for libel, based on a publication of public concern, it is the plaintiff's burden to prove that the libelous statement is false, supplanting the general common-law rule that falsity of a libel was presumed and truth was an affirmative defense. Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767, 775-76, 106 S.Ct. 1558, 1563, 89 L.Ed.2d 783 (1986). Does the First Amendment also alter the weight to be accorded a libel plaintiff's evidence, rendering the plaintiff unable, by his or her sworn statement or testimony that he or she has not done the bad thing the libel asserts, to create a question of fact as to whether the libel is true or false?

Question Presented (AI Summary)

Does the First Amendment alter the weight to be accorded a libel plaintiff's evidence, rendering the plaintiff unable, by his or her sworn statement or testimony that he or she has not done the bad thing the libel asserts, to create a question of fact as to whether the libel is true or false?

Docket Entries

2020-10-05
Petition DENIED.
2020-06-24
DISTRIBUTED for Conference of 9/29/2020.
2020-06-22
Waiver of right of respondent BuzzFeed, Inc. to respond filed.
2020-06-11
Petition for a writ of certiorari filed. (Response due July 16, 2020)

Attorneys

BuzzFeed, Inc.
Katherine M. BolgerDavis Wright Tremaine LLP, Respondent
Michael Leidig, et al.
Harry H. Wise IIILaw Office of Harry H. Wise, III, Petitioner