In this article, which is the November 2011 “Content Matters” column in the Los Angeles Daily Journal and San Francisco Daily Journal, Jenner & Block Partner Andrew J. Thomas examines how the uncertainty about the application of the single publication rule to Internet publications may unnecessarily inhibit online speech. Mr. Thomas notes that, beginning with the New York Court of Appeals’ decision in Firth v. New York in 2002, courts across the country have applied the single publication rule to Internet publications and have held that the statute of limitations begins to run from the first Internet posting of a statement, even if the posting stays up for years and is subsequently accessed and downloaded many times. However, he poses the question, “But what happens when a Web publisher makes changes to content posted online years before? Does a new publication occur for statute of limitations purposes if the website operator moves content to a different part of a website, gives it a more prominent or different heading, or updates an article to correct outdated information or report on further developments?” Mr. Thomas concludes that analysis of several decisions on this point suggests that a Web publisher should be able to safely update archived reports and articles “provided that the new information is not itself defamatory (or otherwise actionable) and does not have the effect of presenting the old material to a new audience.” However, he also believes that legislative action may be necessary “to ensure that Internet publishers have the peace of mind to correct and update their online stories without fear of resetting the statute of limitations and exposing themselves to the risk of endless litigation.”
Related Attorneys
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.