By Thomas Leatherbury, Kourtney James, and Natalie West (co-authors)

Such a rare opportunity — for judicial sarcasm — prefaced the First Circuit’s serious discussion of actual malice principles “in the context of a consistently irreverent (and to many, insensitive) morning television show.” And while sarcasm from the bench may have been rare, many courts this year addressed serious legal issues in the context of circumstances that might delight a carnival barker: TV hosts harangue school official who did  not  really say, “These children have got to learn that ham is not a toy!” Forged masturbatory fantasies on MySpace do not suggest promiscuity! Persistent photographer encounters insistent police officer! Public officials send (possibly?) criminal e-mails! Distraught mother kills self after cable TV interview! Woman acquitted for cyberbullying thirteen-year-old girl who commits suicide! Journalist takes the Fifth to avoid naming sources! Prison inmate can’t sue cable network for showing decade-old attack captured on security camera! Records of alleged sexual abuse by priests unsealed after settlement! Appeals court blocks gavel-to-gavel webcast of peer-to-peer sharing trial! A new Twist on insurance for comic books! Read the entire article here.

This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.