Privacy
New York Appeals Court Dismisses Porco v. Lifetime
Elizabeth Seidlin-BernsteinThe 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.
Texas High Court: Revenge Porn Law Survives Strict Scrutiny
Adam GoodrumThe 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.
Managing Compliance with the Growing Patchwork of State Privacy Laws
Phil Yannella, Kim Phan and Greg SzewczykThe 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
Connecticut Court Upholds Fair Report Privilege and Anti-SLAPP Law
William S. Fish, Jr. and Alexa MillingerTwo recent Connecticut Appellate Court decisions based on The Hartford Courant’s reporting on a local lawyer’s professional sanctions affirmed the strength of the fair report privilege as a defense to a defamation claim under Connecticut law and also represented the first appellate case decided under the state’s relatively new Anti-SLAPP law.
Former Congresswoman’s “Revenge Porn” Suit Against Media Outlets Dismissed
Kelli Sager, Dan Laidman, and Abigail ZeitlinA Los Angeles judge has rejected a novel attempt to hold media outlets liable under a so-called “revenge porn” statute, in a high-profile case involving former Congresswoman Katie Hill.
Eleventh Circuit Upholds Qualified Immunity for Police Officer
Jacqueline A. DeJournett and Peter CanfieldOn April 20, the Eleventh Circuit upheld qualified immunity for a police officer, finding that a witness to a highway accident not did have a clearly established right to photograph police conduct at the scene.
New York State Appellate Court Rejects Defamation and Right of Publicity
Michael J. GrygielAn intermediate appellate court in New York recently affirmed the dismissal of a complaint asserting a potpourri of tort claims against a community newspaper based on its publication of an archived photograph to illustrate a current news story.
High Court Hands Privacy Victory to Meghan Markle in Battle with Mail on Sunday
Julian DarrallMr Justice Warby gave summary judgment against Associated Newspapers in respect of the privacy claim, and on the issues of subsistence and infringement of copyright, concluding in each case that there was no realistic prospect of ANL successfully defending those issues at trial.
First Circuit: Secret Recordings of Police in Public Spaces Protected by First Amendment
Michael J. LambertIn a pair of cases, the First Circuit held that the Commonwealth could not prohibit the secret recording of police officers carrying out their official duties in public places because such recording is a form of newsgathering activity protected by the First Amendment.
New York Enacts Post-Mortem Right of Publicity and Related Legislation
Ben ScheffnerAfter two decades of negotiations and numerous failed attempts, New York this year finally enacted right of publicity legislation that covers deceased individuals.