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Though the term “inappropriate” surely can’t be defamatory in isolation, the blacklist gave specific examples of what constituted inappropriate behavior, and those details may have made the term capable of being false. Otherwise, anti-SLAPP motions will rarely succeed.īrenner’s non-declaration allows the court to sidestep the thornier question of whether characterizing Brenner’s behavior as “inappropriate” can be defamatory. I’m not sure how often other courts will provide plaintiffs with this easy escape hatch to anti-SLAPP motions. For reasons I don’t understand, Brenner failed to make this declaration, so the anti-SLAPP motion succeeds. The court provides Brenner with an easy escape hatches: to overcome the anti-SLAPP motion, he simply had to submit a declaration unambiguously denying the conduct. Effectively, Brenner must show that he had never acted “inappropriately” with the models he photographed–in other words, prove a negative. The court implies that the blacklist’s virality (it was liked and reblogged many times) might also indicate public interest, but the decision doesn’t turn on that.Ģ) Thus, the burden shifted to Brenner to demonstrate his case. This issue has emerged as one of the top headlines of 2017.
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The appeals court affirms because:ġ) The blacklist relates to a matter of public interest–specifically “sexual harassment in the workplace (broadly construed to include the workplaces of independent contractors as well as employees).” Indeed, the blacklist is a microcosm of the recent widespread disclosures about dozens of men in power positions engaging in sexual harassment and abuse.
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The trial court granted the defendants’ anti-SLAPP motion. CA.” Defendant Prescott “reblogged” Hill’s Tumblr post, including the Brenner listing.īrenner sued both Hill and Prescott for defamation, IIED and conspiracy.
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The blacklist included the entry “GPS Studios | Allan Brenner. With this site, you can create an amazing profile with pictures and a bio so others can look you up and hire you for a new job. In partial response to the risks, defendant Hill posted a “blacklist” of potential ModelMaybem employers to her Tumblr account. Model Mayhem is one of the most popular modeling websites available for anyone who wants to get themselves discovered in the modeling world. I’m amazed ModelMayhem has survived despite such disquieting news about safety on its site. We’ve blogged before about the risk that putative ModelMayhem employers are sexual predators, which led to a key 9th Circuit ruling that Section 230 doesn’t immunize “failure to warn” claims. ModelMayhem facilitates matches between models and employers, such as photographers.