This Continuing Legal Education (CLE) course focuses on defamation law, with a spotlight on defamation in the context of political speech and high-profile litigation. The law around defamation seeks to balance First Amendment expression against the reputational rights of individuals, issues that have been heavily in the spotlight in connection with the wave of defamation litigation arising out of the 2020 presidential election. Registrants will gain an understanding of the legal principles and contemporary issues surrounding defamation, legislative efforts to limit meritless defamation lawsuits, and ethical issues surrounding trial publicity by litigation counsel.
Defamation Basics
- Discuss the elements of a defamation claim and common defenses
- Explore the balance between free speech rights and the protection of reputation
- Highlight practical realities when litigating defamation claims
Recent High-Profile Defamation Litigation
- Discuss notable cases from around the country arising out of political speech and examine application of defamation elements and defenses to those cases
- Explore implications for future political speech, in light of the upcoming election season
Anti-SLAPP ("Strategic Lawsuit Against Public Participation") Statutes
- Discuss history of anti-SLAPP statutes as a counter to meritless defamation lawsuits about speech on public issues
- Examine basic principles, various legislative approaches, and case examples
Ethical Considerations around Trial Publicity
- Examine ethical responsibilities and challenges that arise when lawyers speak publicly about cases
Recorded in March 2026.