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January 2014

MediaLawLetter December 2013


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New York High Court: Don’t Send Journalists to Testify In States with Weak Shield Laws
Subpoena to Jana Winter Rejected
Holmes v. Winter

E.D. Mich.: Judge Again Gives Boost to Detroit Reporter’s 10 Year Fight to Protect Source
Reporter Can Claim Fifth Amendment Privilege
Convertino v. U.S. Dept. Justice

N.J. Super.: Web Gripe Site Not Covered by New Jersey’s Newsroom Search Statute
Court Puts Burden on Newsgatherers to Invoke Statute
J.O. v. Township of Bedminster et al.


S.D.N.Y.: Photojournalist Wins $1.22 Million Judgment Over Images Taken From Twitter
Trial Demonstrates Risk
Morel v. AFP and Getty Images

S.D.N.Y.: Google’s Digital Book Program Passes Fair Use Test
Index and Snippets a “Transformative Use”
Authors Guild, Inc., and Betty Miles, Joseph Goulden, and Jim Bouton v. Google Inc.


9th Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court
Judge Kozinski Urged Colleagues to Revisit and Reject Precedent
Makaeff v. Trump University, LLC

Magazine Blog Post About “Birther” Conspiracy Book Is Protected Opinion
Court Declines to Address Whether D.C. SLAPP Law Applies in Federal Court
Farah et al. v. Esquire Magazine


N.J. Super.: Video Excerpts of Unsealed Deposition Transcripts Not Covered by Protective Order
Court Rejects Procedural Bars to Media Intervention
Fairfax Financial Holdings Limited v. S.A.C. Capital Management, L.L.C.

Maine Supreme Court Orders Release of 911 Calls in Double Murder Case
Court Balances Public Interest in Access against Trial Rights
MaineToday Media, Inc. v. State of Maine


UK & Europe: Across the Pond: Updates on UK and European Media Law Developments
Open Justice, Jurors and the Internet, Implementation of the Defamation Act, and more

ECHR: Judgment Against Austrian Newspaper Not a Violation of Article 10
Defamation, Privacy and Public Figures
Print Zeitungsverlag GmbH v. Austria


9th Cir.: Paid, Political and Issue Ads Remain Banned for Public Broadcasters
Decision Presents Conflicting Philosophies about Public Broadcasting
Minority Television Project, Inc. v. Federal Communications Commission


The Ethics Nerd’s Guide to the Media Lawyer’s Ethics Library

A View from the Inside
The First in a New Series of Columns from In-house Counsel