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January 2010

MediaLawLetter August 2010


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Supreme Court Considers Plea to Limit Protection for Offensive Opinions
Court to Decide if Funeral Protestors Can Be Liable
Snyder v. Phelps

Supreme Court to Test Limits of “First Sale Doctrine” in Import Pricing Dispute
Use of Copyright to Control Prices Alarms Resellers, Librarians
Costco Wholesale Corp. v. Omega, S.A.


Congress: President Obama Signs Federal Libel Tourism Bill
Congress Considers the Agenda for Next Year
H.R. 2765: “Securing the Protection of our Enduring and Established Constitutional Heritage Act”


WikiLeaks Disclosure Affects Federal Shield Law
S. 448: The “Free Flow of Information Act of 2009”

N.C. Sup. Ct.: North Carolina Shield Law Ruling Protects Online Commenters
They Fit Definition of Confidential or Non-Confidential Sources of Information
State v. Mead


D. Md.: Court Rejects “Hot News” Misappropriation Claim
Financial Recommendations “Original Works” Within Copyright Act
Agora Financial LLC v. Samler


9th Cir.: Court Reinstates Libel Claim Against ABC Over Out-of-Context Video Clip
Masson v. New Yorker Analysis Applied to Use of Clip
Price v. Stossel

N.D. Ill.: Perils of Reality TV: Court Refuses to Dismiss State Law Privacy Claims
Private Facts and Right of Publicity Claims Allowed to Proceed
Best v. Malec

N.Y. Sup. Ct.: MSG Fouls Out In Tortious Interference Lawsuit Against Sports Publication
Conclusory Allegations Against Reporter Fail to State Claim
Madison Square Garden, L.P. v. SportsBusiness Journal, et al.

Mo. App.; 8th Cir.: Courts Adopt Different Targeting Tests In Internet Jurisdiction Cases
Calder v. Jones Applied to Online Libel Cases
Baldwin v. Fischer-Smith; Johnson v. Arden

Fla. App.: ESPN Scores Knockout Punch in Defamation Suit Brought by Don King
No Evidence of Actual Malice to Support Claim
Don King Productions, Inc. and Don King v. ESPN, Inc., et al.

Ill. Cir. Ct.: Court Applies Anti-SLAPP Statute To Comments on Internet Message Board
Plaintiffs Failed to Meet Evidentiary Burden of Statute
Hammons v. The Society of Permanent Cosmetic Professionals, et al.

N.Y. Sup.: Court Dismisses Libel and Negligence Suit Over Facebook Insults
Offensive Comments About Classmate Not Defamatory
Finkel v. Dauber

E.D. Pa.: Court Refuses to Apply Discovery Rule to Libel Suit Against Website
Lawyer’s Claim Barred by Statute of Limitations
Wolk v. Olson


10th Cir.: Section 514 of the Uruguay Round Agreements Act Does Not Violate the 1st Amendment
Act Restored Certain Foreign Copyrights in the U.S.
Golan v. Holder


10th Cir.: Colorado’s Criminal Libel Law Cannot Be Applied To Parody Or Satire
District Attorney Not Entitled to Qualified Immunity
Mink v. Knox

9th Cir.: Divided Ninth Circuit Panel Rules “Stolen Valor Act” Unconstitutional
False Statements Can Be Remedied By More Speech Instead of Punishment
U.S. v. Alvarez


Ethics Corner: Gucci, Guess, and the Risks of an “Inactive” Bar License
Privilege Claim Denied Because of Lapsed Attorney Registration
Gucci America, Inc. v. Guess?, Inc. et al