Thomas v. Leagle

Posting a legal decision online is not libel, even if that decision is later reversed. Leagle.com, a website that hosts judicial opinions online for free, was sued by a man for posting a trial court order online that held the man liable for fraud. His claim? Because the fraud ruling against him was later reversed, Leagle’s decision to host the earlier court order gave the false impression that he was guilty of fraud. But the First Amendment protects the rights of reporters to publish any “fair and true” report on a judicial proceeding, including orders that later get reversed.

On September 20, 2023, Professor Eugene Volokh filed a letter amicus brief on behalf of himself, FIRE, and the Free Law Project arguing that the fair report privilege protected Leagle, including against a default judgment. On October 23, 2023, the judge agreed and dismissed the case against Leagle.