About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

23 CUNY L. Rev. 332 (2020)
The Impact of the #MeToo Movement on Defamation Claims against Survivors

handle is hein.journals/nyclr23 and id is 340 raw text is: THE IMPACT OF THE #METOO MOVEMENT ON DEFAMATION CLAIMS AGAINST SURVIVORS Shaina Weisbrott INTRODUCTION ....................................................................... 332 I. AN OVERVIEW OF DEFAMATION ...................................... 336 A. Elements of a Defamation Claim .............................. 337 B. Defenses to Defamation ............................................ 345 C. Privileges Affecting Defamation Claims ................... 347 II. SIGNIFICANT DEFAMATION CASES ARISING FROM THE #METOO MOVEMENT ....................................................... 352 III. ANTI-SLAPP AS A DEFENSE FOR SURVIVORS ALLEGING ABUSE .............................................................................. 356 A. The Mechanics of an Anti-SLAPP Defense............... 357 B. Anti-SLAPP Outcomes .............................................. 359 CONCLUSION........................................................................... 363 INTRODUCTION The #MeToo movement has confirmed what many already know from experience: the rates of abuse, harassment, and other forms of gen- der-based violence are astronomically high.1 Nationwide, 81% of women and 43% of men report experiencing some form of sexual harassment or assault in their lifetime.2 At least one-third of women aged 18 to 24, Black T J.D, CUNY School of Law, 2020; M.P.A, New York University, 2013; B.A., Rutgers University, 2008. I would like to thank the CUNY Law Review staff for their im- mensely helpful edits and feedback. Additionally, I am thankful for Professor Julie Gold- scheid and Jennifer Becker's vital help conceptualizing this Note and their guidance throughout the writing process. I am also indebted to my parents and grandmother, Elaine Schankler - without all of you, my goals would still be a vision and I am forever grateful for your unwavering encouragement and belief in me. Finally, my deep appreciation goes to my endlessly supportive husband, David Krupnik, whose love and patience throughout my law schooljourney was immeasurable. All errors and omissions in this Note are mine. 1 See STOP STREET HARASSMENT ET AL., THE FACTS BEHIND THE #METOO MOVEMENT: A NATIONAL STUDY ON SEXUAL HARASSMENT AND ASSAULT 9-10 (2018), https://perma.cc/ S55Q-BUBP. 2 U.C. SAN DIEGO CTR. ON GENDER EQUITY AND HEALTH ET AL., MEASURING #METOO: A NATIONAL STUDY ON SEXUAL HARASSMENT AND ASSAULT 10 (2019), https://perma.cc/ 47U5-LAUW. 332

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most