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January 2012

MediaLawLetter December 2011

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LIBEL & PRIVACY

Pa. Com. Pleas: Scranton Times Wins Defense Verdict On Retrial After First Trial Vacated Due to Judge’s Appearance of Impropriety
Plaintiffs Failed to Show Any Damages
Joseph, et al. v. The Scranton Times, LLP et al.

S.D. Ohio: Police Officer Wins $100,000 Judgment in Libel Trial Against Ohio Newspaper
Claim That Officer “Had Sex On The Job” Was Published With Reckless Disregard
Young v. Gannett Satellite Information Network, Inc.

1st Cir.: Dominican Sugar Executives Are Limited Purpose Public Figures
Plaintiffs Sought to Influence Labor Controversy
Lluberes v. Uncommon Productions, LLC

8th Cir.: Court Affirms Summary Judgment in Favor of CBS In Limited-Purpose Public Figure Defamation Case
Plaintiff’s Publicity Efforts Made Him a Public Figure
Stepnes v. Ritschel

D.C. Super.: Court Grants First Anti-SLAPP Motion
Applies Law Retroactively
Lehan v. Fox Television Stations, Inc.

9th Cir.: Failure to Retract Online Material After Indication of Falsity Not a Republication
Single Publication Rule Analyzed
Roberts v. McAfee, Inc.

Ill. Cir.: Chicago Police Seek Prior Restraint against Chicago Sun-Times for Publishing Line-Up Photographs
TRO Rejected
The Fraternal Order of Police Chicago Lodge No. 7, et al, v. Sun-Times Media, LLC.

COMMERCIAL SPEECH

D.D.C.: Court Preliminarily Enjoins New Graphic Tobacco “Warnings”
Applies Strict Scrutiny to Compelled Display of Government Advocacy
R.J. Reynolds Tobacco Co. v. FDA

7th Cir.: Seventh Circuit Affirms $37.6 Million Fine Against Infomercialist Kevin Trudeau
Fined for Weight Loss Book Claims
Federal Trade Commission v. Kevin Trudeau

FCC / BROADCASTING

3rd Cir.: Third Circuit Reaffirms Rejection of FCC’s “Fleeting Images” Policy
Reverses Super Bowl Fine
CBS Corporation, et al. v. FCC

S.Ct.: Supreme Court Preview: FCC v. Fox Television Stations
Merits and Amicus Briefs

FIRST AMENDMENT

S.Ct.: Supreme Court Denies Petition for Writ of Certiorari Challenging Newspaper Preservation Act
Newspapers Not State Actors
Keisling v. Renn

ACCESS

N.Y. App.: Criminal Sealing Statute and “Personal Privacy” FOIL Exemption Do Not Apply to Administratively Dismissed Parking Tickets
Newspaper Awarded Fees on Appeal
Hearst Corp. and Brendan Lyons v. City of Albany

N.Y. Sup.: Press Wins Access To School Chancellor Emails
Privacy and Inter-Agency Exemptions Rejected
In the Matter of the Application of Hernandez against Mayor of NY