Leah Manzari v. Associated Newspapers

A picture is worth a thousand words. A photograph, especially when coupled with text, can convey a powerful message: in this case, a potentially defamatory one. Leah Manzari, famous under her professional name, Danni Ashe, for her groundbreaking work in monetizing online pornography, claims that the Daily Mail Online, an online news outlet, used a photograph of her to convey the defamatory impression that she had tested positive for HIV.

Defamation claims, which arise out of state law, are significantly cabined by the First Amendment, especially when the plaintiff is a public figure, like Manzari. In order to prevail, Manzari must show that the Daily Mail acted with actual malice. Defamation by implication claims pose an additional hurdle: Manzari must first show that the article is reasonably understood to imply the defamatory statement, and she must then show that the Daily Mail published the article with knowledge of the false implication or reckless disregard for the truth of what the article implied. This case comes to us as an interlocutory appeal under California’s anti-SLAPP statute. Cal. Civ. Proc. Code § 425.16 . We agree with the district court that, at this…