Matteo-Boehm in Numerous Outlets for First Amendment Win
San Francisco Partner Rachel Matteo-Boehm has been quoted by numerous wine industry outlets and others concerning a recent victory for client Paul Mabray, who was found not liable for defamation in the Northern District of California. A U.S. District judge said the winery Penrose Hill missed out on its window to sue Mabray over a 2017 blog post and said that a 2019 tweet by Mabray linking back to the post didn’t amount to a republication of the original article and that the tweet itself was constitutionally-protected opinion. “This is an important victory not just for Paul Mabray, but for all people who engage in critical commentary over the internet,” Matteo-Boehm said. “This is the latest in a string of decisions to find that linking back to previously published content does not republish that content for statute of limitations purposes. In addition, under the First Amendment, there is broad protection for statements of opinion, and the court found that the tweet at issue in this case was non-actionable, protected opinion.” Matteo-Boehm was quoted Sept. 1 by Meininger’s Wine Business International; Aug. 21 by the Wine Curmudgeon; Aug. 20 by Wine Industry Insight; and Aug. 19 by Courthouse News Service.
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