First Amendment Litigation
Below are representative First Amendment litigation matters for Mr. LoBue.
Defended local New York station and reporter against libel claim premised on news report describing plaintiff as a “deadbeat dad” who concealed assets to avoid child support obligations. Plaintiff dropped case when it became apparent that defendants’ aggressive discovery efforts would enable it to prove substantial truth.
Defended prominent university professors and art historians in product disparagement claim based on their public denunciation of plaintiff’s multi-million dollar art collection as largely comprised of fakes. Case ended with voluntary withdrawal by plaintiff and payment of defendants’ attorneys fees.
Defended a leading national newspaper in libel suit brought by extremist group Liberty Lobby. Case dismissed on summary judgment, affirmed by D.C. Circuit, which agreed with the district court that defendant had proved the truth of the key allegation that Liberty Lobby was “anti-Semitic.”
Radio Talk Show Host
Convinced the New Jersey appellate court to uphold an award of summary judgment in favor of a well-known talk radio host and a major radio station; the case involved allegations of “wife-beating” (held to be nonactionable as, in context, rhetorical hyperbole) and alleged invasion of privacy in the disclosure of private facts about the plaintiff.