Congressional Update: The Opening Months of the 112th Congress
By Kathleen Kirby and Shawn Bone As anticipated when the Republicans took control of the House last November, the 112th Congress has been characterized by partisan battles, rancor, and gridlock. While the House, Senate, and White House focused on government spending, the debt ceiling, and deficit reduction, media and communications issues largely were left on…
Divided Ninth Circuit Finds Anti-Obama Postings Constitutionally Protected
Statements Not “True Threats” Recounting a list of scathing and offensive statements about former Presidents, a divided Ninth Circuit panel recently reversed the conviction of a man convicted of threatening Barack Obama during the 2008 presidential campaign. United States v. Bagdasarian, No 09-50529 (9th Cir. July 19, 2011) (Reinhardt, Kozinski, Wardlaw (dissenting) JJ.). The court…
Facebook User’s ADA Lawsuit Dismissed Plaintiff Failed to State a Claim for Federal or State Law Relief
A California federal district court recently dismissed a lawsuit against Facebook, Inc. alleging that it violated the Americans with Disabilities Act and related state law claims. Young v. Facebook, Inc., No. 10-3579 (N.D. Cal. May 17, 2011) (Fogel, J.). The court found that plaintiff, a Facebook user whose account was deactivated, failed to state any…
Scraping and Aggregation: The Legal Issues Explored
By Niri Shan and Lorna Caddy In late July 2011, the Court of Appeal of England & Wales gave its decision in the case of The Newspaper Licensing Agency Limited and others v Meltwater Holding BV and others [2011] EWCA Civ 890. This case is the first in which British courts have considered the practice…
The Other Side of the Pond: Updates on UK Media Law
Phone Hacking, Libel and Privacy Decisions, Open Justice and IP Developments By David Hooper These have been difficult months for News International and the scandal has acquired a momentum of its own stoked by inordinate amount of press coverage which it has received. 14 people have been arrested – usually by appointment but nearly always involving…
Court Grants Motion to Dismiss Copyright Claims Targeting South Park’s Parody of Inane Viral Music Video
By Alonzo Wickers IV “Federal lawsuits seldom touch on such riveting subjects and regard so many colorful parties as the present matter.” So began U.S. District Court Judge James Stadtmueller’s July 6 order holding that Brownmark Films’ copyright-infringement claims against Comedy Partners (Comedy Central), South Park Digital Studios, MTV Networks, and related defendants were barred…
The Ongoing Assault on the Right to Photograph/Record in Public
By Mickey H. Osterreicher Phil Datz, Jim Epstein and Emily Good may not be household names but they are among a growing list of citizens and journalists who have been arrested for doing nothing more than taking pictures or recording video on a public street or during a public meeting. Photographers are never charged with…
New York Times Wins Libel Suit Over Coverage of Labor Dispute
Competing Accounts of Dispute Constituted Protected Opinion By David McCraw and Dana Green A Brooklyn Supreme Court judge has dismissed a libel claim against The New York Times in a case that highlights the challenges of impartially reporting on the competing sides in a public controversy. Gorilla Coffee, Inc. v. New York Times, Co., 2011…
Texas Court of Appeals Grants Summary Judgment to Book Author
Authors and Publishers Entitled to Use Interlocutory Appeal Statute By Thomas J. Williams One of the most effective tools available for a media defendant in a libel case in Texas state court is the state’s interlocutory appeal statute. That statute, enacted in 1993 and codified at Section 51.014(a)(6) of the Texas Civil Practice & Remedies…
Tennessee Court Denies Motion to Dismiss Libel and Privacy Claims over Prison Reality Show
Jury Could Find Program Implied Plaintiff Was a Drug Smuggler A Tennessee federal court denied, in part, the motion of defendants, A&E Television Networks and Wild Eyes Productions, Inc., to dismiss a complaint over an episode of the A&E reality television program, “The Squad: Prison Police.” Battle v. A&E Television Networks, LLC, No. 3:11-0013 (M.D….
Tenth Circuit Affirms Summary Judgment to A&E in Federal Prisoner’s Defamation Suit
Allegation Of Gang Membership Is Substantially True By Steven D. Zansberg On July 19, 2011, the Tenth Circuit Court of Appeals affirmed the U.S. District Court’s (D. Colo.) order granting summary judgment to A&E Television Networks (“AETN” or “A&E”) in a defamation action arising from the cable television show Gangland: Aryan Brotherhood. Bustos v. A&…
Georgia Court of Appeals Affirms Dismissal of Richard Jewell Libel Suit
Reporting Ruled Accurate and Not Actionable; Confidential Source Protection Reaffirmed By Peter Canfield A three-judge panel of the Georgia Court of Appeals has unanimously affirmed the dismissal of Atlanta Olympic bombing suspect Richard Jewell’s 14 year old libel lawsuit against the Atlanta Journal-Constitution. Estate of Richard Jewell v. The Atlanta Journal-Constitution, et al., No. A11A0510…
MediaLawLetter August 2011
Download Publication LIBEL/PRIVACY Ga. App.: Georgia Court of Appeals Affirms Dismissal of Richard Jewell Libel Suit Reporting Ruled Accurate and Not Actionable; Confidential Source Protection Reaffirmed Estate of Richard Jewell v. The Atlanta Journal-Constitution, et al. 10th Cir.: Tenth Circuit Affirms Summary Judgment to A&E in Federal Prisoner’s Defamation Suit Allegation of Gang Membership Is…