This program is eligible for 1 hour of CLE credit in 60-minute states. In 50-minute states, this program is eligible for 1.2 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
Overview
The tort of defamation protects people’s reputations and is an important check on free speech. Sometimes, however, defamation and other speech-based claims are SLAPP suits—Strategic Lawsuits Against Public Participation.
In July, Pennsylvania joined more than 30 states that have enacted anti-SLAPP laws when the General Assembly passed, and the Governor signed, Act 72, the Pennsylvanian Uniform Public Expression Protection Act. The Act provides immunity from civil liability for any claim based on “protected public expression,” including news reports, commentary, and any statements about issues under consideration in a government proceeding or on matters of public concern.
Join attorneys Michael Berry, instrumental in the law’s drafting and passing, and Melissa Melewsky, Medial Law Counsel for the PA News Media Association, for an overview of the newly enacted law.
They will define:
- The immunity afforded to “protected public expression”
- The kinds of claims that are covered and the kinds that are exempt
- How the statute’s immunity is raised in litigation
- Remedies available under the statute
Recorded in November 2024.
Faculty
Michael Berry, Esq.
Mr. Berry is a partner in the Philadelphia office of Ballard Spahr LLP, where he represents news, entertainment, and other media clients in defamation and privacy suits, accessing government and court records, defending reporters who are subpoenaed, and advising clients on newsgathering and other First Amendment matters. He has litigated cases for media clients in jurisdictions around the country, from Pennsylvania, New Jersey, and New York to Florida, California, and the Virgin Islands. Mr. Berry currently serves on the boards of the Media Law Resource Center Institute and Pennsylvanians for Modern Courts, is co-chair of the Pennsylvania Bar Association’s Bar-Press Committee, and is an ex officio member of the board of Spotlight PA. He is a Phi Beta Kappa graduate of Emory University and holds a master’s degree in public policy from Duke University. He attended the University of North Carolina School of Law, where he graduated with highest honors and served as Editor in Chief of the North Carolina Law Review. Previously, Mr. Berry worked on Capitol Hill for the late Senator Paul D. Coverdell, R-Ga., and as a law clerk to the Honorable David B. Sentelle on the U.S. Court of Appeals for the D.C. Circuit.
Melissa B. Melewsky, Esq.
Ms. Bevan Melewsky is Media Law Counsel for the Pennsylvania NewsMedia Association. She provides legal advice and advocacy to news media organizations across the Commonwealth on a wide range of legal topics impacting the media industry. She also advocates as an amicus curiae in the Pennsylvania judicial system in cases impacting the media industry, including access to government records and meetings, First Amendment rights, and defamation. Ms. Bevan Melewsky also monitors and provides feedback on proposed legislation and court rules impacting the media industry and public access generally. Ms. Bevan Melewsky has been a guest lecturer throughout the Commonwealth for media and civic organizations, government agencies and the court system on the Right to Know Law, the Sunshine Act, the First Amendment, and government transparency. She is a current member and a past Co-Chair of the Pennsylvania Bar Association’s Bar Press Committee. Ms. Bevan Melewsky holds a B.A. in Telecommunications from the Pennsylvania State University and a J.D. from Widener University Commonwealth Law School.
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