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Mar 2022

Kansas Supreme Court Censures Judge for Online Sex Pics

Eric Weslander

Writing that “Judges should be role models for society,” the Kanas Supreme Court censured recently retired magistrate judge Marty Clark for posting, while still on the bench, nude pictures of himself on an adult sex site.

Jan 2022

Eleventh Circuit Affirms Dismissal of “Pantless Couponer’s” Privacy Lawsuit

Jennifer A. Mansfield

The Eleventh Circuit's order reaffirms that a federal court need not pretend that an exhibit is something it is not, merely because a plaintiff alleges so in the complaint.

Dec 2021

West Virginia Court Applies Bartnicki and Affirms Dismissal of Wiretap Claims Against Fourteen Media Companies

Chad R. Bowman and Kaitlin M. Gurney

On appeal, plaintiffs offered a novel – if not bizarre – theory that their classroom conduct was only a matter of public concern within the state of West Virginia and thus Bartnicki did not protect the national media defendants.

Oct 2021

Baltimore Jury Returns Defense Verdict in Public Official Media Defamation Trial

Chad R. Bowman, Maxwell S. Mishkin, and Emmy Parsons

A Baltimore jury returned a defense verdict at the end of a two-week, in-person trial against Sinclair Broadcast Group and its investigative reporter Chris Papst, in a media defamation and false light invasion of privacy case over a series of broadcast news reports.

Jul 2021

Forum Selection Clause Blows Case West of the Windy City

George Desh

While 2Pac may have had California love and Tony Bennet left his heart in San Francisco, Windy City Rehab television personality Donovan Eckhardt hoped to keep his recently-filed suit in Illinois.

Jul 2021

Court Dismisses Roy Moore’s Claims Against Sacha Baron Cohen Satire

Carl Mazurek

Judge Cronan of the Southern District of New York granted summary judgment of defendants Sacha Baron Cohen, Showtime, and ViacomCBS, dismissing with prejudice the defamation, intentional infliction of emotional distress, and fraud claims brought against them by Roy and Kayla Moore. Moore v. Cohen.

Jun 2021

As Harry And Meghan Become a Hybrid Royal /Celebrity Couple, What If Any Is Their Impact on Celebrity Reporting?

Amber Melville-Brown

The employment of a PR velvet glove around an iron legal fist appears to be the couple’s strategy for elbowing third party reporters and snappers out of the way as they take control of their own images.

Jun 2021

New York Appeals Court Dismisses Porco v. Lifetime

Elizabeth Seidlin-Bernstein

The unanimous decision provides much-needed guidance to creators of content about real people and events, making clear that a docudrama about a newsworthy subject cannot give rise to a Section 51 claim unless it misleads viewers into believing that it is entirely accurate.

Jun 2021

Texas High Court: Revenge Porn Law Survives Strict Scrutiny

Adam Goodrum

The Court of Criminal Appeals determined that the statute does not violate the First Amendment, and thus the state may prosecute a person for sharing intimate sexual photos of another when the defendant was not involved in the depicted encounter.

Jun 2021

Managing Compliance with the Growing Patchwork of State Privacy Laws

Phil Yannella, Kim Phan and Greg Szewczyk

The purpose of this article is to compare and contrast the major U.S. privacy laws, identifying areas of overlap as well as areas where compliance will require state-specific analysis, disclosures and policies