Hyperlinking Is Not Republication for Statute-of-Limitations Purposes
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the Delaware Supreme Court in Perlman v. Vox Media, Inc. The case arises from a defamation action that Perlman and two of his companies filed against Vox Media after publication of two online articles in 2012 and a third article in 2014 about Perlman and his companies. At issue on appeal is whether the plaintiffs’ claims based on the 2012 articles are outside the one-year statute of limitations for defamation under California law. A Delaware court held that a hyperlink in the 2014 article did not republish the 2012 articles and therefore the plaintiffs’ defamation claims were barred by the statute of limitations. The amicus brief argues that the single-publication rule applies to online publications, and that hyperlinking does not constitute republication.