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January 2008

MediaLawLetter February 2008


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MLRC Damages Bulletin Reviews Media Trials in 2007

Ethics Corner: Ethical Issues That Terrorism Poses To Media Lawyers


N.D. Cal. California Court Grants TRO to Disable WikiLeaks Website
Bank Julius Baer v. Wikileaks


W.D. Wash.: BusinessWeek Wins Trial Over Alleged Breach of Confidentiality
Jury Found No Promise to Source
Tilton v. McGraw-Hill Cos., Inc.

N.Y. Sup. Ct.: New York Court Dismisses Right of Publicity/Libel-in-Fiction Claim
Novel Used Plaintiff’s Name as Title Character
Sugarman v. Apostolina

W.D. Pa.: Fair Report Privilege Applied to Dismiss Lawyer’s Libel Complaint
Prosecutor’s Statements to Reporter Covered by the Privilege
Hudak v. Times Publishing Co.

Alabama: Great Success! for Borat in Alabama Courts
Forum Selection Clause Requires Transfer to New York
Ex Parte Cohen

N.Y. App.: Celebrity Doc’s Libel Suit Dismissed
No Evidence Of Constitutional Malice
Kipper v. NYP Holdings Co., Inc.

Minn. App.: Minnesota Court of Appeals Issues Two Opinions on Public Official/Figure Doctrine
Lewis v. University Chronicle, O’Donnell v. Buffalo, O’Donnell v. Rathbun

Illinois: Illinois Supreme Court Dismisses Claims Over Newspaper Ad
Ad Did Not State Objective Facts about Competitor
Imperial Apparel, Ltd. v. Cosmo’s Designer Direct, Inc.

Cal. Sup.: Court Grants Talk Radio Station’s Anti-SLAPP Motion
Harsh Criticism of School Were Not Statements of Fact
Academia Semillas del Pueblo v. McIntyre


Cal. App.: California Appeals Court Establishes Test for Revealing Anonymous Internet Poster
Another Win for Anonymous Internet Posters
Krinsky v. Doe

Bloggers And Prior Restraints
Cases Put Pressure on Traditional First Amendment Protections


The Netherlands: Dutch Supreme Court Protects Statements of Opinion About Second World War Controversy
Press Protections Extend to Online Writer
Van Gastern v. Hemelrijk

France: French President and Wife Win Damages Over Airline Advertisement
Ad Infringed Exclusive Rights To Their Image


New Hampshire: Sexually Violent Predator Act Proceedings Presumptively
Open To The Public
New Hampshire v. DeCato

Pennsylvania: Pennsylvania Enacts New Open Records Law


S.D.N.Y.: Jury Finds New York Times Did Not Violate Freelancer’s Copyrights
By Republishing His Photos In Web Edition
Dallal v. New York Times Co.

9th Cir.: Karaoke Needs Separate License to Display Lyrics With Music
Visual Display of Song Lyrics Not a Fair Use
Leadsinger, Inc. v. BMG Music Publishing


FCC: FCC Revises Indecency Fine Over 2003 Show ‘Married by America’
Fines Only For Stations Where Complaints Were Made
In the Matter of Complaints Against “Married by America”