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May 2015

MediaLawLetter April 2015


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From the Executive Director’s Desk
Police Bodycams: Public or Private?


D.C. Circuit Affirms Dismissal of Libel Lawsuit By Son of Palestinian Authority President
Holds D.C. Anti-SLAPP Act Does Not Apply in Federal Court
Abbas v. Foreign Policy Group, LLC, et al.

Tex. App.: Non-media Defendant Must Prove Truth in Private Figure Libel Case on Matter of Public Concern
Court Declines to Extend Non-media Defendants First Amendment Protection of Hepps
Cummins v. Bat World Sanctuary

N.Y. App.: Photographer’s First Amendment Right to Create and Sell Art Prevails Over Neighbors’ Privacy Interest
Court Calls on Legislature to Address Modern Privacy Concerns
Foster v. Svenson

Texas Legislature on Course to Adopt Third Party Allegation Rule as Law
Media Worked to Remedy Result of Neely v. Wilson Decision

Cal. Super.: Libel in Fiction Claim Dismissed on Anti-SLAPP Motion
Plaintiff Urged Court to Adopt Expansive View of Liability
Blakley v. Cartwright

Ill. App.: Court Dismisses “Double Dipping Doctor” Defamation Dispute
Pleadings Failed to Establish Falsity, Public Interest Trumped Privacy Concerns
Kapotas v. Better Gov’t Ass’n

Ill. App.: Court Affirms Dismissal of Professor’s Libel and Privacy Claims
Professor Sued Over News Coverage of Student’s Sexual Harassment Lawsuit
Ludlow v. Sun-Times Media, LLC, et al.

Ga. Super.: Court Grants Motion For Summary Judgment In Hip Hop Reality Show Defamation Case
Truth, Opinion and No Actual Malice
Wright v. Pate

M.D. Fla.: Court Grants Summary Judgment to Voice Media Group Dismissing Larry Klayman Libel Suit
Court Explains Difference Between Common Law Malice and Actual Malice
Klayman v. City Pages

8th Cir.: Wrestling with Preemption: The Eighth Circuit Declares Copyright the Winner
Right of Publicity and Misappropriation Suit Preempted
Ray v. ESPN


D. Conn.: Drone Journalist Can Sue Policeman Who Got Him Suspended
But Court Says No First Amendment Right to Hover Over Accident Scene
Rivera v. Foley

Media Coalition to FAA, NTIA: Let News Drones Fly Now
Survey Shows Some Changes to Proposed Rules Needed


California’s Eraser Law: Erasing a Minor’s Past to Save His Future
“Privacy Rights for California Minors in the Digital World”
Cal. Bus. Code Sec. 22580-22582

D. Conn.: Court Denies Section 230 Protection to Online Ad Network
FTC Sued Over Ads Created by Third-party affiliate Marketers
FTC v. LeanSpa LLC

S.D. Tex.: Social Media Accounts Can Be “Property” in Bankruptcy
Facebook and Twitter Accounts Property of Estate
In re Ctli, Inc.


Colo. Dist.: Court Unseals Arrest Warrant Affidavit in Brutal Spousal Murder Case
Fair Trial Rights Not Harmed by Disclosure
Colorado v. Navarette-Portillo


Netherlands: Executive’s Right to Be Forgotten Request Rejected by Dutch Court
Google Spain Not Meant to Suppress News Reporting

UK: Landmark UK Judgment on Privacy and Data Protection
Decision Illustrates Ascent of Data Privacy Rights
Vidal-Hall v. Google


Ill. App.: Patch Reporter Wins Appeal to Protect Confidential Source
Reporter Refused to Identify Source
People v. McKee