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January 2017

MediaLawLetter December 2016

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DCS Annual Meeting Reviews Accomplishments and Plans for 2017

The annual meeting of the MLRC Defense Counsel Section was held on Thursday, November 10th at Carmine’s Restaurant on West 44th Street, by Times Square. Over a hearty family-style lunch, DCS President Chuck Tobin led the meeting. On governance, members elected Rob Balin of Davis Wright Tremaine as DCS the new Treasurer. He will join…

MLRC 2016 Annual Meeting

New Directors Elected; A Review of MLRC Projects and Events The Annual Meeting of the Media Law Resource Center, Inc. was held on November 9, 2016 at the Marriott Marquis Hotel in New York. Board Member Ken Richieri called the meeting to order. The first item of business was the election of new Directors. Election…

University of Notre Dame Campus Police Force Not Covered by Indiana’s Open Records Law

The Indiana Supreme Court recently ruled that the state’s open records law does not apply to the University of Notre Dame’s private campus police department, rejecting a suit by ESPN seeking student athlete crime reports. ESPN v. University of Notre Dame Police Department, (Ind. Nov. 16, 2016). ESPN had argued that because the university police…

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Michigan Court of Appeals Takes Another Encouraging Look at Anonymous Speech

By James Stewart In its December 6, 2016 decision in Sarkar v John and Jane Doe and PubPeer Foundation, (No. 326667), the Michigan Court of Appeals prevented a cancer researcher from learning the identity of anonymous scientists who had posted criticisms of his research on pubpeer.com. In doing so, the Court of Appeals continued to…

Maryland High Court Adopts Less Demanding Standard to Prove Malice in Purely Private Defamation Cases

By Cindy Gierhart The Maryland Court of Appeals held for the first time that the standard of proof for overcoming a common law conditional privilege in purely private defamation cases is preponderance of the evidence. Seley-Radtke v. Hosmane, No. 19 (Md. Nov. 22, 2016). In Maryland, a common law conditional privilege includes, as in this…

Pennsylvania Court Applies Fair Report Privilege to “Colorful” Report”

Corporations Can’t Sue for False Light By Adam Lazier If the fair report privilege protected only verbatim reports of official proceedings, the media would have to cover important public affairs in the often-dry and bureaucratic language of government, leaving important stories inaccessible to viewers and readers. A Pennsylvania state court, however, recently reaffirmed the right…

Kentucky Court Affirms Dismissal of Defamation Claim Against TV Station

Reporting Was Protected By Fair Reporting Privilege By Adrianna C. Rodriguez The Kentucky Court of Appeals affirmed a Fayette County, Kentucky, Circuit Court decision dismissing a single-count complaint for defamation brought by Glenn Rahan Doneghy against Gray Television Group, Inc., and its local television station WKYT-TV for its accurate reporting of statements he made during…

Wisconsin Court Of Appeals Snuffs Out Firefighter’s Defamation Suit

By Steven Mandell and Natalie Harris The Wisconsin Court of Appeals affirmed dismissal of former Milwaukee firefighter Aaron Marjala’s defamation suit against Fox News, host Megyn Kelly and guest panelist Lee Armstrong arising from a Kelly’s Court segment debating Marjala’s decision to collect disability benefits while he was fit enough to compete as an Ironman…

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Jury Finds Rolling Stone Defamed UVA Dean in “Rape on Campus” Article

Magazine’s Correction Was a Republication Made With Actual Malice By Ed Karis and Alexia Bedat On November 4, 2016, a Charlottesville, Virginia federal jury found Rolling Stone magazine liable for defaming Nicole Eramo, the former Associate Dean of the University of Virginia (“UVA”), in its now infamous article “A Rape on Campus.” Eramo sued Rolling…

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Santa’s Gift List for Media Players Naughty & Nice

Happy Holidays and Best Wishes for the New Year from MLRC From the Executive Director’s Desk To Donald Trump: a copy of the Constitution, autographed by Khizr Khan To Hulk Hogan: with all the unjustifiable money he won, a relationship with a woman more appropriate than his friend Bubba the Love Sponge’s wife To Kellyanne…

MediaLawLetter December 2016

 Download Publication MLRC From the Executive Director’s Desk Santa’s Gift List for Media Players Naughty & Nice MLRC Annual Meeting New Directors Elected; A Review of MLRC Projects and Events DCS Annual Meeting Reviews Accomplishments and Plans for 2017 LIBEL & PRIVACY W.D. Va.: Jury Finds Rolling Stone Defamed UVA Dean in “Rape on Campus”…