JW Media | VIA ePostcard – May/June 2023

May 25, 2023 | Newsletters

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Supreme Court of Texas Runs at the Low Hurdle of Prima Facie Evidence in Anti-SLAPP Motion Practice

By Joel Glover | Last week, the Supreme Court of Texas addressed the quantum of evidence required for a plaintiff to support a prima facie case and survive a motion to dismiss brought under the Texas Citizens Participation Act, Texas’s anti-SLAPP statute. Those wishing to dismiss SLAPP suits, take note of the USA Lending v. Winstead PC opinion: what a plaintiff must show “is not a high hurdle.” Instead, a plaintiff need only provide “evidence necessary to rationally infer that an allegation is true.”

On Section 230, SCOTUS Says It Best When It Says Nothing At All

By Marc Fuller & Hannah WalshIn the space of a three-page per curiam opinion, Gonzalez v. Google went from blockbuster to nothingburger. The first (and, therefore, the biggest) Section 230 case to be considered on the merits by the U.S. Supreme Court, Gonzalez was widely billed as the case that could break the internet, garnering headlines and attracting armies of amici on both sides.

Jackson Walker submitted an amicus brief on behalf of Article 19: Global Campaign for Free Expression and the International Justice Clinic at the University of California, Irvine School of Law. The brief focused on the complementary relationship between Section 230 and the First Amendment, and the vital role that strong legal protections for content moderation, curation, and hosting have played in the protection of international human rights.


Nancy Hamilton Skidmore College award 2023Skidmore College Kemball-Cook Award

Nancy W. Hamilton was presented with the Denis B. Kemball-Cook Award from her alma mater, Skidmore College, in honor of her work as Chair of the Board of Trustees. This award is the highest award bestowed on a member of the Skidmore community. This recognition by Skidmore follows Nancy’s recognition as this year’s Lawyer of the Year in Houston for Litigation – First Amendment in The Best Lawyers in America.

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