Donald Trump Scores First Amendment Win in 'Fake News' Meme Case

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Summary

A New York judge dismissed a privacy lawsuit against Donald Trump concerning his retweet of a satirical meme, citing the content's newsworthiness and protected status as satire.

Donald Trump Scores First Amendment Win in 'Fake News' Meme Case

Highlights

The Dismissed Lawsuit

A New York Supreme Court judge dismissed a lawsuit brought by the parents of toddlers featured in a viral, edited video that Donald Trump retweeted. The plaintiffs alleged violations of privacy and publicity rights, as well as the infliction of emotional distress, after the video was edited to criticize mainstream media.

Legal Basis for Dismissal

Judge David Benjamin Cohen ruled that the video was 'newsworthy' because it addressed political commentary and social trends regarding race and the media. The court further concluded that the video clearly functioned as satire, making it protected speech and not legally actionable.

Anti-SLAPP Statute and Attorney Fees

While the judge acknowledged that the case qualified as a SLAPP (Strategic Lawsuit Against Public Participation), he denied Trump's request for legal fees. The judge determined that the plaintiffs had a 'good faith basis' for their claims and should not be penalized under the anti-SLAPP statute.

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