MediaLawLetter August 2007

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ETHICS

What to Say and What Not to Say When the Publisher Wants to Keep that Pesky Plaintiff’s Lawyer Out of His Pocketbook Forever

MLRC

MLRC Institute To Roll Out New Speakers Bureau Topic on Online Publishing

REPORTER’S PRIVILEGE

D.D.C.: Federal Judge Orders Five Reporters to Identify Confidential Sources
Quashes Subpoenas to News Organizations
Hatfill v. Gonzales

Congress: H.R. 2102 Federal Shield Law Bill Moves Out of Committee
Farthest a Shield Law Bill Has Ever Progressed in Congress

LIBEL / PRIVACY

Pa. Ct. C. P.: Pennsylvania Newspapers Win Private Figure Libel Trial
Jury Rejects Suit Brought by Lawyer Who Was Mentioned Briefly in Reports
Weber v. Lancaster Newspapers, Inc.

6th Cir.: Court Applies Actual Malice Standard to Breach of Contract Claim
Claim Was Backdoor Attempt to Evade Libel Standards
Compuware Corp. v. Moody’s Investors Services

S.D.N.Y.: Disk-Jockey’s Defamation Suit Against Councilman Dismissed
Statements Were “Pure Opinion”
Torain v. Liu

E.D. Mich.: Libel Suit a Case of Dumb and Dumber?
Maxim Magazine Prevails on Suit Involving “Idiot Nation Across the USA” Column
Dupuis v. City of Hamtramck

Cal. Super.: Islamic Charity Drops Libel Suit Over Terrorism Book
Plaintiffs Drop Suit Following anti-SLAPP Motion
KinderUSA v. Levitt

Utah: Public High School Basketball Coach Not a Public Official
Public Interest in High School Sports Does Not Determine Status
O’Connor v. Burningham

Texas: Political Advertising: The New Hot Bed of Libel Litigation in Texas
Political Candidates Use New Tactic in Elections
Merritt v. Williams, Farias v. Antuna

N.J. App. Div.: Long Arm Jurisdiction Reaches California Internet-User in Defamation Case
Messages Directed at New Jersey; Jurisdiction Proper
Goldhaber v. Kohlenberg

D.S.C.: Court Denies Summary Judgment on Libel Claim Over Online Article
Online Article a “Continuous Publication” – Raises Issue of Fault
Taub v. McClatchy and Associated Press

ACCESS / FREEDOM OF INFORMATION

M.D. Fla.: Florida Federal Court: FEMA Must Cough Up Records Now
Judge Orders Release of Documents to Gannett Newspapers Within 72 Hours
The News-Press v. U.S. Dep’t of Homeland Security

COMMERCIAL SPEECH

2d Cir.: Second Circuit Clarifies False Advertising Law
Upholds Injunction Against Ad that is “False by Necessary Implication”
Time Warner Cable, Inc v. DIRECTV, Inc.

FIRST AMENDMENT

9th Cir.: Vote-Swapping Websites Constitute Protected Speech
California Violated Site Operators’ First Amendment Rights by Threatening Prosecution
Porter v. Brown

N.D. Cal.: District Court Permanently Enjoins Enforcement of Video Game Violence Act
Statute Not Narrowly Tailored to State’s Professed Interest
Video Software Dealers Ass’n v. Schwarzenegger