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Full-Text Articles in Law
Mypillow Lands Hard In Judge Wright’S Court, Michael K. Steenson
Mypillow Lands Hard In Judge Wright’S Court, Michael K. Steenson
Faculty Scholarship
In Smartmatic USA Corp. v. Lindell, Smartmatic sued Michael Lindell and MyPillow, Inc. in Minnesota federal district court, alleging defamation and violation of Minnesota’s Deceptive Trade Practices Act based on Lindell’s claims of fraud in the 2020 presidential election, including that Smartmatic voting machines were rigged. This post focuses on Smartmatic’s defamation claim against Lindell and MyPillow.
Public Official, Figures, And Controversies In Minnesota Defamation Law, Michael K. Steenson
Public Official, Figures, And Controversies In Minnesota Defamation Law, Michael K. Steenson
Faculty Scholarship
In Minnesota, the plaintiff in a common law defamation claim is entitled to recover presumed damages in libel and slander per se cases. Those rules change when the First Amendment is injected into defamation cases when the plaintiff is a public official or figure or is a private person involved in a public controversy. A plaintiff who is a public official or figure must prove not only the elements of the common law defamation claim, but also that the defamatory communication was a false statement of fact and prove by clear and convincing evidence that it was made with actual …
Ventura V. Kyle And American Sniper; The Anatomy Of A Public Figure’S Lawsuit, Michael K. Steenson
Ventura V. Kyle And American Sniper; The Anatomy Of A Public Figure’S Lawsuit, Michael K. Steenson
Faculty Scholarship
Chris Kyle's book, American Sniper, detailed his exploits as a prolific Navy SEAL sniper. In a book subchapter Kyle detailed an encounter with a "Mr. Scruff Face" in a San Diego Bar. The book states that Ventura made certain statements that were demeaning of the United States and the Navy SEALS. Scruff Face was subsequently identified by Chris Kyle as Jesse Ventura, former governor of Minnesota. Ventura sued Chris Kyle for defamation, appropriation, and unjust enrichment. Relying on trial court documents, briefs, and the opinions in the case, this article probes those theories of recovery with an emphasis on the …
Resolving The Paradox Of The Innocent Construction Rule, David Larson
Resolving The Paradox Of The Innocent Construction Rule, David Larson
Faculty Scholarship
The application of the innocent construction rule in defamation cases has led to illogical and questionable holdings. This article will explain the nature of that rule and illustrate its use by focusing on cases arising in Illinois. It will review the recent case of Chapski v. Copley Press, where the Illinois Supreme Court rejected the innocent construction rule, and raise the possibility that additional reform may be necessary in Illinois. Finally, other jurisdictions relying upon similar rules of interpretation will be identified and discussed.