Tamkin Clarifies the Anti-SLAPP "Public Interest" Requirement for Entertainment Media Content Providers
The Metropolitan Corporate Counsel
February 1, 2012
This article discusses California's anti-SLAPP statute, enacted to prevent lawsuits that would have a chilling effect on First Amendment protected free speech. It explains how Tamkin v. CBS Broadcasting Inc. clarified the standards to include the act of creating entertainment works as within the public interest. (Kelley Drye partners Andy White and David Fink represented defendants CBS Broadcasting, Inc. in the Tamkin case.) The article also analyzes how Tamkin resolved questions created by the prior case, Dyer v. Childress. Finally, the authors provide a practical assessment of the Dyer and Tamkin's impact on entertainment media companies.