First Amendment—Sec. 230 Bar Claims Against Legal Research Website And Search Engines
Plaintiff Sued Over Links to Court Filings and Rulings By Steve Mandell, Steve Baron and Elizabeth Morris Both a magistrate judge and a district court judge in the Central District of Illinois agreed that a plaintiff who sought to “delink” public records about his employment litigation could not sustain any claims against a legal search…
Court Enjoins Enforcement of Washington State Law Targeting Adult-Oriented Advertisements
Law Is Likely Preempted By Section 230 By Ambika Kumar Doran & Jim Grant A federal court in Washington last month preliminarily enjoined enforcement of a new state law targeted at adult-oriented advertisements (but encompassing much more) because, the court found, the law likely is preempted by section 230 of the Communications Decency Act and…
News Media Succeed In Opening Court File in Aurora Shooting Case
But Secrecy Still Enshrouds Much in Criminal Matter By Steven Zansberg According to practically ubiquitous press reports (including official press conferences): shortly after midnight on July 20, 2012, a heavily-armed 24-year-old graduate student, James Eagan Holmes, entered a premiere showing of Batman: The Dark Knight Rises at a movie theater in Aurora, Colorado, where he…
Australia Tightens Controls on Corporate Use of Social Media
Corporations May Be Liable for User Postings By Nicholas Liau & Paul Kallenbach A number of recent Australian decisions have considered the issue of companies’ liability for users’ social media postings. In short, it is possible that a company will be held liable for its users’ postings in some circumstances. Allergy Pathway In 2011 in…
Seventh Circuit Vacates Injunction Against Video Bookmarking Website
Links to Pirated Videos Not Contributory Infringement The Seventh Circuit this month held that a “social bookmarking” website that allows users to post links to online videos is not liable for contributory copyright infringement if the bookmarks link to pirated videos. FlavaWorks, Inc. v. Gunter, No. 11-3190, 2012 U.S. App. LEXIS 15977 (7th Cir. Aug….
Tabloid’s Publication of Secret Celebrity Wedding Photos Not Fair Use
A divided three-judge panel of the Ninth Circuit this month held that the publication of celebrity wedding photos by a Spanish-language gossip magazine was not a fair use under the Copyright Act. Monge et al. v. Maya Magazines, Inc., No. 10-56710, 2012 U.S. App. LEXIS 16947 (9th Cir. Aug. 14, 2012) (McKeown, Smith, Brewster, JJ)….
Sixth Circuit Affirms Copyright Infringement Verdict against Hustler Magazine
Embarrassing Photo of News Anchor Not Transformative The Sixth Circuit this month affirmed a $135,000 jury verdict against Hustler magazine for copyright infringement for publishing a photograph of an Ohio news anchor participating in a “wet t-shirt” contest. Balsley v. LFP, Inc., No. 11-3445, 2012 U.S. App. LEXIS 17187 (6th Cir. Aug. 16, 2010) (Guy,…
ABA Makes Anti-SLAPP Legislation Official Bar Policy
The 560-member governing body of the American Bar Association this month adopted a resolution encouraging legislatures to enact and strengthen anti-SLAPP legislation. The House of Delegates resolution, adopted by overwhelming voice vote in Chicago on August 7, makes anti-SLAPP legislation the official policy of the organized Bar in the United States. It reads: RESOLVED, That…
Bridal Shop Owner Jilted By Summary Judgment Decision
By Tom Curley A New York trial court has granted summary judgment to The Times Herald-Record in a libel suit brought by the owner of a bridal shop who claimed the newspaper’s reports about her customers’ complaints drove the shop out of business. Gebbia v. The Times Herald-Record, Index No. 2009/6858 (N.Y. Sup. Orange Cnty…
Texas Court Finds No Jurisdiction in Libel Case by Controversial Autism Doctor
British Medical Journal Called Plaintiff’s Research “Elaborate Fraud” By Marc Fuller A Texas state court ruled that it does not have personal jurisdiction over three defendants from the United Kingdom in a libel case brought against them by controversial autism researcher Dr. Andrew Wakefield over a series of reports in the British Medical Journal in…
California Appellate Court Affirms SLAPP Dismissal in Libel Case Over Weblog Post
Liberal Linking to Source Material Supports Conclusion that Post Was Opinion By Rachel Matteo-Boehm and Leila Knox In a decision that contains useful guidance for applying the law of opinion to blogs, a California appellate court has affirmed Gawker’s special motion to strike a defamation lawsuit under California’s anti-SLAPP statute on opinion grounds. Redmond v….
Texas Appeals Court Applies Reporter’s Privilege in the Defamation Context
By Jason Bloom and Nick Nelson A Texas court of appeals has ruled that even without the protection of the state’s new shield law, a journalist sued for libel has a qualified First Amendment privilege not to divulge confidential sources. Nelson, et al. v. Pagan, et al., No. 05-09-01380-CV (Tex. Civ. App.—Dallas Aug. 8, 2012)…
Fraud, Contract and Related Claims Against Broadcaster Survive Motion to Dismiss
Educational Breastfeeding Video Was Spliced With Porn by Third Party A New Jersey federal district court this month dismissed in part, and granted in part, a motion by Meredith Corporation to dismiss a highly publicized lawsuit by a New Jersey mother suing after her educational breastfeeding video was spliced by a third party into an…
Tortious Interference Verdict Against Blogger Reversed
True Statements Cannot Support Interference Claim By John Borger and Leita Walker In a strongly worded decision favoring free speech for bloggers, the Minnesota Court of Appeals reversed a $60,000 jury award for tortious interference. The court held: A claim for tortious interference with a contract or prospective business advantage cannot be based on conveying…
Update: JNOV Denied in Police Officer Libel Case
Sufficient Evidence of Actual Malice to Support $100,000 Award An Ohio federal district court his month denied a newspaper’s post-trial motion for judgment as a matter of law, holding there was sufficient evidence of reckless disregard and harm to reputation to support the jury’s $100,000 libel damage award. Young v. Gannett Satellite Information Network, Inc.,…
Virginia Judge Strikes $3 Million Jury Verdict for Assistant School Principal
Insufficient Evidence of Actual Malice to Support Award A $3 million jury verdict against the Virginian-Pilot newspaper was set aside this month on a post-trial motion to strike. Webb v. Virginian-Pilot, (Va. Cir. Aug. 6, 2012). Virginia Circuit Judge Randall Smith ruled there was insufficient evidence of actual malice to support the verdict. The case…
Hyperlinks Not a Republication for Purposes of the Single Publication Rule
No Limit to Liability if Links Retriggered Statute of Limitations By Edward J. Sholinsky The United States Court of Appeals for the Third Circuit, predicting Pennsylvania law on a matter of first impression, held in In re Philadelphia Newspapers, LLC, No. 11-3257, 2012 U.S. App. LEXIS 15419 (3d Cir. July 26, 2012) (precedential), that providing…
MediaLawLetter August 2012
Download Publication LIBEL & PRIVACY 3d Cir.: Hyperlinks Not a Republication for Purposes of the Single Publication RuleNo Limit to Liability if Links Retriggered Statute of Limitations In re Philadelphia Newspapers Va. Cir.: Virginia Judge Strikes $3 Million Jury Verdict for Assistant School PrincipalInsufficient Evidence of Actual Malice to Support AwardWebb v. Virginian-Pilot S.D. Ohio …