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January 2010

MediaLawLetter February 2010


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Cal. App.: Rolling Stone Editorial Content Receives Broad First Amendment Protection
Not Commercial Speech Because of Gatefold Advertisement Context
Stewart v. Rolling Stone; Keller v. Electronic Arts

N.Y./Ind.: Right of Publicity Grabs Legislative Attention
New York Bill Would Protect Rights of Deceased Celebrities
S.6790; HB.1335; S.2775

Mass.: Reporter Not Protected by Massachusetts Anti-SLAPP Law
Quick Dismissal and Attorneys Fees Unavailable
Fustolo v. Hollander

10th Cir.: Tenth Circuit Affirms Dismissal of Suit Against John Grisham, Random House and Other Authors and Publishers
Plaintiffs Failed to State Claim for Libel and Related Claims
Peterson v. Grisham, et al.

D.C.. Cir.: D.C. Circuit Reinstates Libel Complaint Against NGO
Rejects Human Rights Group’s Fair Report Defense
Jankovic v. International Crisis Group

3rd Cir.: Affirms Dismissal of Privacy Claims Involving Google’s Street View Service, but Reinstates Trespass Claim
Failure to Plead Nominal Damages Not Fatal to Claim
Boring v. Google

Ill. App.: Court Affirms Fair Report Privilege for Newspaper In Holiday Misidentification Mishap
No Obligation to Review Updated Material
Eubanks v. Northwest Herald Newspapers

N.J. App.: Ex-Con Loses Libel Case Against Book Author and Publisher
Plaintiff a Public Figure for Discussion of His Criminal Past
Berkery v. Estate of Lyle Stuart et al.

N.D. Ill.: Perils of Reality TV – Court Refuses to Dismiss Section 1983 Claim
Media Could Be “State Actor” For Complaint Over Coverage of Arrest
Frederick v. The Biography Channel, et al.

Ill. Cir. Ct.: “Tweet” About Moldy Apartment Held Non-actionable in Illinois Libel Case
Plaintiff Claimed Tweet Was Defamatory Per Se
Horizon Group Management, LLC v. Bonnen

Ariz.; Utah: Libel Tourism Bills Introduced in Arizona and Utah
Bills Appear Headed for Passage
Ariz. SB 1268; Utah HB 96

N.J. App.; Ore. App.: Defamation Lawsuits and the Religion Clauses
Limitations on Libel Suits Involving Matters of Religion
Abdelhak v. The Jewish Press; Tubra v. Cooke


E.D. Mich.: Judge Upholds Reporter’s Source Protection Under 5th Amendment
Plaintiff Pursuing Privacy Act Case
Convertino v United States Department of Justice


S.D.N.Y.: Public Right of Access “Unmoored” in the Southern District of New York
First Amendment Right of Access to Administrative Proceeding
New York Civil Liberties Union v. New York City Transit Authority

10th Cir.: Court Remands Issue of First Impression Concerning Bar Organization’s Right to Interview Jurors
Bar Group Wants to Interview Jurors for Educational Purpose
Clyma v. Sunoco Inc.


France: Court Rules in Favor of Roman Polanski on Photo Privacy Complaints
Some Photos of Family and in Car Not of Legitimate Public Interest

Canada: Supreme Court of Canada Decision in Quan v. Cusson
Media Entitled to Rely on the Responsible Communication Defense
Quan v. Cusson


Technology-Based Ethical Challenges
Practical Advice for Dealing With The Disclosure of Metadata