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September 2012

MediaLawLetter August 2012


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3d Cir.:  Hyperlinks Not a Republication for Purposes of the Single Publication Rule
No Limit to Liability if Links Retriggered Statute of Limitations
In re Philadelphia Newspapers

Va. Cir.:  Virginia Judge Strikes $3 Million Jury Verdict for Assistant School Principal
Insufficient Evidence of Actual Malice to Support Award
Webb v. Virginian-Pilot

S.D. Ohio  JNOV Denied in Police Officer Libel Case
Sufficient Evidence of Actual Malice to Support $100,000 Damage Award
Young v. Gannett Satellite Information Network, Inc.

Minn. App.: Tortious Interference Verdict Against Blogger Reversed
True Statements Cannot Support Interference Claim
Moore v. Hoff

D. N.J.:   Fraud, Contract and Related Claims Against Broadcaster Survive Motion to Dismiss
Educational Breastfeeding Video Was Spliced With Porn by Third Party
Sahoury v. Meredith Corp.

Tex. App.:  Appeals Court Applies Reporter’s Privilege in the Defamation Context
Reporter Established Lack of Actual Malice By Affidavit
Nelson v. Pagan

California Appellate Court Affirms SLAPP Dismissal in Libel Case Over Weblog Post
Liberal Linking to Source Material Supports Conclusion that Post Was Opinion
Redmond v. Gawker Media LLC

Tex. Dist.:  Texas Court Finds No Jurisdiction in Libel Case by Controversial Autism Doctor
British Medical Journal Called Plaintiff’s Research “Elaborate Fraud”
Wakefield v. BMJ

N.Y. Sup.  Bridal Shop Owner Jilted By Summary Judgment Decision
Court Finds Substantial Truth; No Gross Irresponsibility
Gebbia v. The Times Herald-Record

ABA Makes Anti-SLAPP Legislation Official Bar Policy
Encourages Adoption of State and Federal Anti-SLAPP Statutes


Sixth Circuit Affirms Copyright Infringement Verdict Against Hustler Magazine
Embarrassing Photo of News Anchor Not Transformative
Balsley v. LFP, Inc

9th Cir.: Tabloid’s Publication of Secret Celebrity Wedding Photos Not Fair Use
Magazine Infringed Celeb’s Copyright
Monge et al. v. Maya Magazines, Inc.

Seventh Circuit Vacates Injunction Against Video Bookmarking Website
Links to Pirated Videos Not Contributory Infringement
FlavaWorks, Inc. v. Gunter


Australia Tightens Controls on Corporate Use of Social Media
Corporations May Be Liable for User Postings
ACCC v Allergy Pathway Pty Ltd and Anor


Colo. Dist.: News Media Succeed In Opening Court File in Aurora Shooting Case
But Secrecy Still Enshrouds Much in Criminal Matter
People v. Holmes


W.D. Wash.: Federal Court Enjoins Enforcement of Washington State Law Targeting Adult-Oriented Advertisements
Law Is Likely Preempted By Section 230, LLC v. McKenna

C.D. Ill.:  1st Amendment & Sec. 230 Bar Claims against Legal Research Website And Search  Engines
Plaintiff Sued Over Links to Court Filings and Rulings
Nieman v. VersusLaw, Inc.