Papers, Briefs and Other Materials

A listing of resources provided by Henry R. Kaufman, P.C. (see website disclaimer)

“Tips for Effective Prepublicaton Review – Part III”  (October 31, 2015)

“Tips for Effective Prepublicaton Review – Part II”  (September 30, 2015)

“Tips for Effective Prepublicaton Review – Part I”  (July 31, 2015)

“Corrections or Clarifications of Media Publications, in Lieu of Costly Defamation Litigation, in the 21st Century” By Henry R Kaufman (February 15, 2015)

“New York Court of Appeals Refuses to Dismiss Criminal Conviction for Online Impersonation,” MLRC MediaLawLetter, May 2014, at 10-13 (download PDF) (May 2014)

“Ninth Circuit Holds Blogger Entitled to Protection Under Gertz,” MLRC MediaLawLetter, January 2014, at 13-15 (download PDF) (January 2014)

“Exploring the Issue of ‘Strict Liability’ for Defamation,” MLRC Bulletin, Dec. 2012, at 3-16. (download PDF)  (December 2012)

Brief for Defendants-Appellants (on Appeal in Support of Summary Judgment), in Matovcik v. Times Beacon Record Newspapers (Appellate Division-Second Department) (May 24, 2012)

“Citing Potential Chill on Speech, New York Court of Appeals Affirms Narrow Construction of New York’s Long-Arm Statute in Defamation Cases,” MLRC MediaLawLetter, February 2012, at 11-12 (download PDF) (February 2012)

When Libel Claims Punish Free Speech on the Internet (download PDF)
By Henry R. Kaufman (December 2011)

“Twibel Tweak Needed for Tweeters,” (download PDF) Thomas R. Julin (Hunton & Williams) and Henry R. Kaufman (CNA, April 26, 2011)

“Second Circuit Affirms Dismissal of Defamation Claim by Postdoctoral Researcher,” MLRC MediaLawLetter, January 2011, at 18-21) (download pdf) (January 2011)

Defendant’s Memorandum of Law in Support of Summary Judgment Under CPLR 3212 (H) (special anti-SLAPP remedies), in Ottinger v. Tiekert (Supreme Court, Westchester County) (January 6, 2009)

Brief for Defendants-Appellants, in Mann v. Abel (New York Court of Appeals) (August 21, 2007)

Defendant’s-Appellant’s Memorandum of Law in Support of Motion for Stay of Gag Order, in Ash v. Board of Managers (Appellate Division-First Department) (December 6, 2006)

Statement on First Amendment, Freedom of Expression and Academic Freedom, prepared for Hamilton College in relation to the Ward Churchill dispute. (2005)

Statement on Hate Speech, also prepared for Hamilton College in relation to the Ward Churchill dispute. (2005)

Defendants’ Memorandum of Law in Support of Motion to Dismiss (on the Documentary Evidence), in Matovcik v. Times Beacon Record Newspapers (Supreme Court, Suffolk County) (November 7, 2005)

“Motion to Amend Section 7 (Chapter 3), Restatement of the Law of Torts – Liability for Physical Harm (Basic Principles) re Duty in Media and Speech-Related Cases (May 9, 2002)

American Law Institute Debates Third Restatement of Torts – Redrafting of ‘Basic Principles’ May Impact Speech and Media-Related Cases, MLRC Media Law Letter (June 2001)

Restatement of Torts Third – Basic Principles, [Media] Comments on Certain First Amendment Issues,” (May 12, 2001)

“The Right of Publicity and the New Restatement (Third) of Unfair Competition”, LDRC Bulletin (January 31, 1995) (Henry R Kaufman, author/editor) © Libel Defense Resource Center 1995