MediaLawLetter April 2006
MLRC
Legislative: Cameras in Courts, Executive Branch Reform Act
Ethics: Inadvertent Disclosure of Confidential Materials
FIRST AMENDMENT
Cal.: Supreme Court Protects “Friends” Writers From Sexual Harassment Claim
Writers’ Sex Jokes and Vulgar Language Not Harassment
Lyle v. Warner Brothers Television Productions
Cal. Super. Ct.: Barry Bond’s Motion to Freeze Book Profits Rejected
Claimed Publishers and Authors Violated Unfair Competition Law
Bonds v. Fainaru-Wada, et al.
LIBEL & PRIVACY
S.D.N.Y.: Declaratory Judgment Suit Dismissed
No Personal Jurisdiction Over Saudi Defendant
Ehrenfeld v. Bin Mahfouz
N.J. App.: Court Reverses Class Certification for Privacy Claims Over ER Filming
Plaintiffs Did Not Establish Common Questions of Law and Fact
Castro v. NYT Television
D.C. Cir.: Motion for Rehearing En Banc Filed in Wiretap Case
Panel Ruling Inconsistent with Bartnicki
Boehner v. McDermott
Minn. App.: Court Affirms in Part Public Figure Libel Verdict
Case Remanded for Retrial on Damages
Workman v. Southwest Publishing Co.
S.C.: Supreme Court Reverses Directed Verdict for Newspaper
Reinstates Disputed Mid-trial Liability Verdict
Erickson v. Jones Street Publishers
D.C. Cir.: Libel Suit Over Congressman’s Statement to Press Dismissed
Statements to Press Within Scope of Official Duties
Council on American Islamic Relations v. Ballenger
Ga. App.: Appeals Court Affirms Summary Judgment to Newspaper
Statements Were True, Protected Opinion or Privileged
Austin v. PMG d/b/a The Times-Georgian
Conn. Super.: Summary Judgment for Newspaper for Report About Libel Suit
Article Protected by Fair Comment and Report Privileges
Clark v. Hagedorn Communications
NY App.: Court Rejects Claim Over One-Party Taping in California
California’s One-Party Consent Rule Did Not Apply
Locke v. Aston
Ohio Pleas Ct.: Cincinnati News Station Wins Defamation Case
Statements Substantially True or Not Defamatory
Groene v. WCPO-TV
Ariz. Dist. Ct.: Million Dollar Jury Award in Libel Suit by Broker Against Shareholders’ Lawyer
First Time a Broker Has Won a Libel Suit Over Allegations of Harm to Investors
Spartis v. Goldberg
REPORTERS PRIVILEGE
N.Y. Sup.: Court Rejects Constitutional Challenge to New York’s Shield Law
First Known Attempt By Criminal Defendant to Challenge Constitutionality
People v. Hendrix
E.D.N.Y.: Subpoena For Newsgathering Materials Quashed in Criminal Trial
Mafia Murder Defendant Sought Information About Book on Case
U.S. v. Caracappa and Eppolito
Mo.: Missouri Reporter’s Privilege Bill Fails to Make it Out of Committee
Some Believed Bill Was Too Press Friendly
SEC: SEC Releases Policy Statement on Media Subpoenas
Guidelines on Media Subpoenas
D.D.C.: News Organizations Move to Block Subpoenas in Libby Case
U.S. v. Libby
Minn. App.: Court of Appeals Applies Absolute Judicial-Proceedings Immunity to Claims for Breach of Confidence
Immunity Should Protect a Reporter Who Identifies a Confidential Source
Mahoney & Hagberg v. Newgard
INTERNATIONAL
France: Court Allows Criminal Libel Case Against The Times to Proceed
Rejects Jurisdictional Challenge
ACCESS/ FREEDOM OF INFORMATION
Del.: Supreme Court Bars Disclosure of Autopsy Information
Statutory Right of Privacy Bars Disclosure
Lawson v. Meconi
S.D. Fla.: Cloud Over Hurricane Relief Disbursements Lifts
Substantial Public Interest in Assessing FEMA’s Performance
Sun Sentinel Company v. U.S. Dept. Homeland Security