MediaLawLetter April 2016
MLRC
From the Executive Director’s Desk
MLRC Institute Freelancers Workshop a Smashing Success; Looking Ahead to Legal Frontiers in Digital Media, May 19-20 in California
The Monthly Daily
Notes on the Month’s Media Law News as Seen in MediaLawDaily
LIBEL & PRIVACY
Blake Shelton’s Libel Suit vs. In Touch Magazine Survives Anti-SLAPP Motion to Dismiss
Sufficient Evidence of Falsity and Fault to Proceed
Shelton v. Bauer Publ’g Co.
N.D.N.Y.: Court Tosses Case Against ESPN Brought By Syracuse Coach’s Wife
Plaintiff a Public Figure; ESPN “Conducted A Painstakingly Thorough Investigation”
Fine v. ESPN
Tex.: School Board Member a “Public Official” In Connection With Statements About Criminal Conduct
Criminal Conduct Never Irrelevant to Fitness for Office
Greer v. Abraham
Texas Supreme Court Gives Guidance on Anti-SLAPP Fee Award
Inappropriate to Consider “Justice and Equity” to Reduce Fees
Sullivan v. Abraham
Tex. App.: Court Affirms Final Judgment Dismissing Case Against Media Defendant
Texas Anti-SLAPP Statute Applied
Robinson v. KTRK
D.C. App.: First Amendment Protects True and Non-Provably False Statements
Reverses Jury Award for Tortious Interference
Thompson v. Armstrong
3d Cir.: Reporter Can Depose Casino Auditor to Defend Hong Kong Libel Action
Sheldon Adlelson Suing in Hong Kong for Being Called “Foul-Mouthed”
In re Application of Kate O’Keeffe for Assistance Before a Foreign Tribunal
D. Conn.: Falun Gong Suit Against Chinese Journalist Dismissed
Plaintiffs Alleged Journalist Incited Chinese Guards to Violence
Chen Gang v. Zhao Zhizhen
INTERNATIONAL
Across the Pond: Updates on UK and European Media Law
Celebrity Threesome Injunction; CFA’s and Article 10; Serious Harm Test of PJS v News Group Newspapers Limited
PRIOR RESTRAINT
Wisc. Cir.: Media Coalition Successfully Opposes Request for a Gag Order
ACCESS
Fla. App.: Appellate Court Unseals Court Records in Hulk Hogan v. Gawker
Hogan Files New Complaint Against Gawker
Fla.: High Court Rejects Common Law “Good Faith” Exception to Fee Shifting Provision in Public Records Act
Board of Trustees, Jacksonville Police & Fire Pension Fund v. Lee
N.J. App.: Court Denies Open Records Request for Email Log
Plaintiff Is Seeking NJ Supreme Court Review
Paff v. Galloway
NEWSGATHERING
FAA Panel Recommendations Would Allow Drone Use Over People
Major Step Forward to Safely Use Drones to Gather News in Cities
INTELLECTUAL PROPERTY
D. Me.: Plaintiffs Strike Out against Yankees
Republication of Essay Privileged Under Section 201(c) of the Copyright Act
Mosca v. Yankee Publ’g, Inc.
10th Cir.: DMCA Protects Website Operator from Postings Made by Independent Contractors
Paid Contributors Are ‘Users’ Under DMCA Safe Harbor
BWP Media USA, Inc. v. Clarity Digital Media Group, Inc.