California Court Rejects Attempt to Silence Journalist via SLAPP Lawsuit

• The California Court of Appeals affirmed the dismissal of a lawsuit filed by former Premise Data CEO Maury Blackman against journalist Jack Poulson.
• The court ruled that the First Amendment protects the publication of truthful, lawfully obtained information and that Blackman’s privacy claims did not override public interest.
• The decision reinforces the effectiveness of California's anti-SLAPP statute in protecting against meritless litigation designed to silence reporting.

Background of the Case

• Jack Poulson, publisher of All Source Intelligence, reported on Blackman’s arrest for felony domestic violence using information from a police report provided by a confidential source.
• Blackman sued Poulson, Substack, and AWS, seeking damages and the removal of the report from the internet, even though the arrest record had been sealed.

Court Findings

• Free Speech Protections: The court rejected Blackman’s argument that a court order sealing the arrest superseded constitutional reporting rights, noting that there was no "state interest of the highest order" at stake.
• Shield Law: Poulson was protected under California’s Shield Law, referencing precedent established by the Electronic Frontier Foundation (EFF).
• Platform Immunity: The court affirmed that Substack and the other hosting organization were protected from liability under Section 230 of the Communications Decency Act.