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January 2010

MediaLawLetter April 2010


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Supreme Court Strikes Down Ban on Depictions of Animal Cruelty
Court Refuses to Create New Category of Unprotected Speech
U.S. v. Stevens

Supreme Court Takes On Major First Amendment Cases
Court Will Review Video Violence and Funeral Protest Decisions
Video Software Dealers Ass ‘n v. Schwarzenegger; Snyder v. Phelps


N.J. App.: Blogger Not a Journalist Under New Jersey Shield Law
Difference Between “New Media” and “News Media,” According to Court
Too Much Media v. Hale

Ky. Cir. Ct.: Kentucky Court Refuses to Apply Shield Law to Online Commenter
But Adopts Heightened Standard to Protect Anonymous Speech Online
Clem v. An Unknown Person (Richmond Register)

Kan.: Kansas Enacts Shield Law By Wide Margin
Caps 8 Year Effort by Kansas Media


V.I. Dist. Ct.: Virgin Islands Jury Awards $240,000 to Judge Over Articles Reporting on Bail Decisions
Articles and Editorial Criticized Judge’s Decisions
Kendall v. Virgin Islands Daily News

9th Cir.: Hilton v. Hallmark Cards, Amended: A Transforming Opinion
Court Discusses Application of Transformative Use Test

E.D.N.Y.: Court Dismisses Ride-Along Suit
No State Action for Media Presence at Site of Alleged Constitutional Violation
Young v. Suffolk County, et al.

Cal. App.: Court Affirms Summary Judgment in “Ali G” Libel-in-Fiction Case
Comedic Statements Could Not Be Understood to Imply False Assertions of Fact
Doe. v. Channel Four Television Corp.

N.J. App.: Summary Judgment For Newspaper Affirmed On Appeal
Perseverance Pays Off In NJ Libel/False Light Case
Durando v. The Nutley Sun and North Jersey Media Group, Inc.

Cal. App.: Newspaper’s Anti-SLAPP Win Affirmed on Appeal
Article About Medical “Misdiagnosis” Was True, Not Defamatory and Not Trade Libel
Keene v. Lake Publishing Co.

Wash.: Media Expected to Benefit from Washington State’s Newly Strengthened Anti-SLAPP Statute
New Statute Broadens Definition of Protected Speech
Senate Bill 6395

Utah, MD: Libel Tourism Update
Utah Enacts Libel Tourism Law; Maryland Bill on Governor’s Desk
78B-5-320; HB 193

D.N.J.: False Allegation of Homosexuality No Longer Actionable, Says NJ Fed Court
Unlikely that State Supreme Court Would Legitimize Discrimination
Murphy v. Millennium Radio Group


D.N.J.: Court Refuses to Convert “Garden-Variety” Copyright Claim into §1202 DMCA Claim
Uses of Semi-Nude Photograph of Radio Shock Jocks Were Fair
Murphy v. Millennium Radio Group

S.D.N.Y.: New York Court Rejects Prior Restraint in Copyright Case
Designer Wanted to Stop Canadian Report on Fashion Show
Nygård International Partnership v. Canadian Broadcasting Corporation


N.Y.C.: Proposed New Rules For New York City Press Passes
New Rules Would Govern Credentialing
38 R.C.N.Y. §11-01


D.C. Cir.: Defining the Limits of Federal Regulatory Authority over Internet Services
Decision Will Impact FCC‟s Ability to Enforce “Net Neutrality”Rules
Comcast v. FCC


Fla. App.: Florida Appellate Court Rejects Prior Restraint to Protect Children’s Privacy
Reverses Injunction Prohibiting Writing About Murder Case
Gagliardo v. In re the Matter of the Branam Children

Ohio: Supreme Court Overturns Judge’s Gag Order on the Media
Order Preventing Murder Trial Coverage “Patently Unconstitutional”
State ex rel. Toledo Blade Co. v. Henry Cty. Court of Common Pleas


England: British Science Writer Simon Singh Wins Libel Appeal
A Bad Day For The Orwellian Ministry Of Truth, But A Good One For Honest Opinion
British Chiropractic Association v. Singh

Germany: Court Finds Jurisdiction Over New York Times in Libel Suit
Article Accessible Online in Germany Involved Plaintiff’s Personality Rights
Fuchsmann v. New York Times

EJC: Google AdWords Upheld in Europe, But the Battle Isn’t Over Yet
Adwords Not a Trademark “Use”; But Possible Liability for Actual Confusion


Media Issues On the Hill: Congress Considers Agenda For Rest of Year
Free Flow of Information Act; Libel Tourism; Anti-SLAPP Bill; FOIA Reform


NJ: New Jersey Supreme Court Issues Employee Email Privacy Ruling
Legitimate Expectation of Privacy in Employee‟s Emails to Attorney
Stengart v. Loving Care Agency


Ethics Corner: The Perils of Being Merely a Mouthpiece for Your Client