From Thursday's decision in The Satanic Temple, Inc. v. Newsweek Digital LLC, written by Judge Alison Nathan and joined by Judges José Cabranes and Sarah Merriam:
In October 2021, Newsweek Digital LLC (Newsweek) published an article entitled "Orgies, Harassment, Fraud: Satanic Temple Rocked by Accusations, Lawsuit." The article, written by Washington-based journalist Julia Duin, details several internal disputes between members of The Satanic Temple (the Temple) and its leadership. The Satanic Temple responded by suing Newsweek for libel, claiming that many statements in the article were false and defamatory. By the time the case reached summary judgment, only one statement remained at issue: A quote from a former Satanic Temple member describing "[a]ccounts of sexual abuse being covered up in ways that were more than anecdotal" (the cover-up quote) within the organization.
On summary judgment, the district court concluded that no rational juror could find Newsweek either knew or entertained serious doubts that this quote was false prior to publication, and therefore it granted summary judgment in favor of the magazine…. [I]n recognition of New York's choice to offer greater protection to defamation defendants than the First Amendment requires, we affirm ….
New York's anti-SLAPP statute requires libel plaintiffs to show "actual malice" (i.e., knowing or reckless falsehood) when they sue over publicly made statements on matters of "public interest," whether or not the statements are about public figures. In this respect, it protects libel defendants more strongly than First Amendment law does. The court held that this provision of the anti-SLAPP statute is substantive rather than procedural, and thus applies in federal court. And it reasoned,
