MediaLawLetter August 2010
Download Publication SUPREME COURT Supreme Court Considers Plea to Limit Protection for Offensive OpinionsCourt to Decide if Funeral Protestors Can Be LiableSnyder v. Phelps Supreme Court to Test Limits of “First Sale Doctrine” in Import Pricing DisputeUse of Copyright to Control Prices Alarms Resellers, LibrariansCostco Wholesale Corp. v. Omega, S.A. LEGISLATION Congress: President Obama Signs…
Ethics Corner: Gucci, Guess, and the Risks of an “Inactive” Bar License
A recent federal court decision prompts a warning to in-house lawyers: Are you licensed? Is your license current? Is it effective in the state where you are providing services? What about the other in-house lawyers employed by your company? In Gucci America, Inc. v. Guess?, Inc. et al., S.D.N.Y. Case No. 09 Civ. 4373 (June…
Divided Ninth Circuit Panel Rules “Stolen Valor Act” Unconstitutional
The Ninth Circuit, in an interesting 2-1 decision this month, struck down as unconstitutional a federal statute making it crime to falsely claim to be a military service medal winner. U.S. v. Alvarez, No. 08-50345, slip op. 11849, 11850 (9th Cir. Aug. 17, 2010). (Nelson, Smith, Bybee, JJ). The majority reasoned that false statements of…
Tenth Circuit: Colorado’s Criminal Libel Law Cannot Be Applied To Parody Or Satire
The United States Court of Appeals for the Tenth Circuit recently held that a Colorado district attorney who authorized a search warrant in pursuit of evidence for a criminal libel prosecution was not entitled to qualified immunity because the law was clearly established that satire and parody are not actionable as libel under civil or…
Tenth Circuit Holds That Section of Uruguay Round Agreements Act Which Restored Certain Foreign Copyrights in the U.S. Does Not Violate First Amendment
In the appeal by the government, the United States Court of Appeals for the Tenth Circuit somewhat surprisingly reversed the district court’s holding that Section 514 of the Uruguay Round Agreements Act, 17 U.S.C. § 104A (“URAA”), violated the First Amendment rights of the plaintiffs. Golan v. Holder, 609 F.3d 1076 (10th Cir. 2010), decided…
Court Refuses to Apply Discovery Rule to Libel Suit Against Website
A Pennsylvania federal district court dismissed as time-barred a lawyer’s libel and related claims against a popular law website, refusing to apply the discovery rule to toll the statute of limitations. Wolk v. Olson, No. 09-4001, 2010 Lexis 77694 (E.D.Pa. Aug. 2, 2010) (McLaughlin, J.). Background The plaintiff Arthur Alan Wolk is a well-known aviation…
New York Trial Court Dismisses Libel and Negligence Suit Over Facebook Insults
A New York trial court dismissed defamation and negligence claims over insulting Facebook comments created by a group of high school students about one of their classmates. Finkel v. Dauber, No. 02414/09, 2010 WL 2872874, at *3 (N.Y. Sup. July 22, 2010) (Marber, J.). The court held that the tasteless comments were merely “puerile attempts…
Illinois Trial Court Applies Anti-SLAPP Statute To Comments on Internet Message Board
The Circuit Court of Cook County recently granted a motion to dismiss under Illinois’s anti-SLAPP statute, the Citizen Participation Act (CPA), 735 ILCS 110, in a case involving comments on an Internet message board. Hammons v. Society of Permanent Cosmetic Professions, et al., No. 10-1638 (Ill. Cir. Ct.) The case involves the field of “permanent…
ESPN Scores Knockout Punch in Defamation Suit Brought by Don King
On June 30, 2010, the Fourth District Court of Appeals in Florida unanimously affirmed the summary judgment granted to ESPN in a $2.5 billion action for defamation brought by boxing promoter Don King and his company Don King Productions, Inc. The action was based on several statements made in a program about King, which aired…
Missouri And Eighth Circuit Adopt Different Targeting Tests In Internet Jurisdiction Cases
Within the span of one month, the Missouri Court of Appeals and the Eighth Circuit Court of Appeals issued opinions adopting differing interpretations of the Calder “express aiming” test applied to Internet activities. In Baldwin v. Fischer-Smith, No. SD 30235, 2010 WL 2662977 (Mo. Ct. App., Jul. 6, 2010), a case of first impression in…
Madison Square Garden Fouls Out In Tortious Interference Lawsuit Against Sports Publication
Unsupported allegations that a journalist induced prospective lenders to reveal Madison Square Garden’s bullish revenue projections fail to state a claim for tortious interference with contract, a New York trial court has held. Madison Square Garden, L.P. v. SportsBusiness Journal, American City Business Journals, Inc. and Daniel Kaplan, Index No. 603544/09 (N.Y. Sup. Ct. June…
Perils of Reality TV: Court Refuses to Dismiss State Law Claims
Another federal judge in Chicago has refused to dismiss state-law claims for invasion of privacy and right of publicity against the producers and broadcasters of the reality television series Female Forces. In Best v. Malec, No. 09‑cv‑7749 (N.D. Ill.), Judge Matthew Kennelly issued an order on June 11 denying, in large part, the defendants’ motion…
Ninth Circuit Reinstates Libel Claim Against ABC Over Out-of-Context Video Clip
The Ninth Circuit reinstated a libel claim over the use of an out-of-context video clip on ABC’s “20/20” news magazine show, holding that the district court erred by granting an anti-SLAPP motion to dismiss on the ground of substantial truth. Price v. Stossel, No. 09-55087, 2010 U.S. App. LEXIS 17671 (9th Cir. Aug. 24, 2010)…
Maryland Federal Court Rejects “Hot News” Misappropriation Claim
A recent decision from the District of Maryland, provides an interesting take on the “hot news” misappropriation tort. Agora Financial LLC v. Samler, , No. 09-1200 (D. Md. June 17, 2010). At issue in the case were financial recom-mendations similar to those at issue in the closely-watched Barclays v. TheFlyOntheWall case currently pending before the…
North Carolina Shield Law Ruling Protects Online Commenters
On August 16, North Carolina Superior Court Judge Calvin Murphy quashed a state court subpoena in a capital murder case, State v. Mead, No 10CRS2160 (Gaston Co. Sup. Ct.), that would have forced Freedom Communications, Inc.’s Gaston Gazette and its publisher to disclose user data on their online commenters. The ruling, based on North Carolina’s state Shield…
WikiLeaks Disclosure Affects Federal Shield Law
Supporters of the federal shield law bill announced this month they would revise the legislation after a website, WikiLeaks, disclosed over 75,000 classified documents related to the war in Afghanistan, which military officials said would jeopardize the safety of Afghan informants and undermine the war effort. Sen. Chuck Schumer (D-NY), one of the sponsors of…
President Obama Signs Federal Libel Tourism Bill
While the communications and media agenda in this Congress going forward may be limited, the House and Senate were able to reach agreement on libel tourism legislation just prior to adjournment for the annual August recess. H.R. 2765, the “Securing the Protection of our Enduring and Established Constitutional Heritage Act” or “SPEECH Act,” meant to…
Supreme Court to Test Limits of “First Sale Doctrine” in Import Pricing Dispute
By Itai Maytal The Supreme Court will determine whether manufacturers can use copyright laws to control import prices of their foreign-made goods in a case that could impact U.S. resellers of media products and libraries with imported collections, among others. This Fall, the Court will hear an appeal from a Ninth Circuit Court of Appeals…
Snyder v. Phelps: Supreme Court Considers Plea to Limit Protection for Offensive Opinions
In 1988, the Supreme Court ruled that a caricature of Rev. Jerry Falwell discussing a “drunken incestuous rendezvous with his mother in an outhouse” was immune from tort liability. It did so because the portrayal clearly was fictional, and the justices agreed that public figures should not recover for emotional distress caused by a publication…