Case 0:17-cv-60426-UU Document 169 Entered on FLSD Docket 06/04/2018 Page 17 of 22
Rather, it is the hyperlinked CNN article that describes the confidential briefings and asserts that
the FBI is investigating the truth of the Dossier’s allegations. The question then is: would an
ordinary reader of the Article conclude that the Dossier was subject to these official actions when
these official actions are mentioned only in the hyperlinked CNN article?
The Supreme Court of Nevada is the only court to confront this question. In Adelson v.
Harris, the Second Circuit certified the question to the Nevada Supreme Court, which held that a
hyperlink renders a report privileged provided the hyperlink is conspicuous. 402 P.3d 665 (Nev.
2017). The court reasoned that “the hyperlink is the twenty-first century equivalent of the
footnote for purposes of attribution in defamation law, because it has become a well-recognized
means for an author or the Internet to attribute a source and the hyperlink instantaneously
permits the reader to verify an electronic article’s claims.” Id. at 669 (internal quotations
omitted) (citing Adelson v. Harris, 973 F. Supp. 2d 467, 484 (S.D.N.Y. 2013), aff’d, 876 F.3d
413 (2d Cir. 2017)).
Adelson is aligned with modern journalistic principles and the way information is
consumed in the digital age. See, e.g., Michael Schudson, et al., Link Think: News organizations
and their hyperlinking choices, Columbia Journalism Review, March/April 2012,
https://archives.cjr.org/the_research_report/link_think.php (“Publishing such heavily linked
features holds reporters accountable by requiring them to show the sources of their work. It also
helps readers find more information or deepen their research, if they want to.”); Daniel Luzer,
Linked Out: One day, one story, one million hyperlinks, Columbia Journalism Review,
December 3, 2008, https://archives.cjr.org/overload/linked_out.php (“[T]he hyperlink is the
building block of this democratization of information.”); Mark Sableman, Link Law Revisited:
Internet Linking Law at Five Years, 16 Berkeley Tech. L.J. 1273, 1276 (2001) (“Hypertext links
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