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March 2012

MediaLawLetter February 2012


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Honor, Lies & Videotape
Supreme Court Argument in U.S. v. Alvarez


N.Y. Sup.: Online Article with “Share Button” Not a New Publication
Single Publication Rule Applied to Bar Judge’s Defamation Suit
Martin v. Daily News LP

D.C. Cir.: No Privacy Act or Private Facts Claim for Embarrassing Viral Video
Dismissal of DEA Agent’s Claims Affirmed
Paige v. DEA

N.D. Ill.: An Illinois Right of Publicity Decision for Media Defendants to Relish
Putative Class Action Suit Over Food Show Dismissed
Zglobicki v. The Travel Channel, LLC, et al.

N.Y.: Court of Appeals Affirms Narrow Construction of New York’s Long-Arm Statute in Defamation Cases
Cites Potential Chill on Speech
SPCA of Upstate New York, Inc. v. American Working Collie Association

Tex. App.: Texas Interlocutory Appeal Statute Applied to Website
Defendant a Media Member; No Actual Malice
Hotze v. Miller

N.Y. App.: Juxtaposition of Photo and Article on Gang Violence Can Be Defamatory
Court Reinstates Defamation Claim Against Newspaper
Knutt v. Metro International

N.C. App.: Court Affirms $5 Million Award to Policemen in Suit Against Rapper
Rapper’s DVD Included Footage of Policemen
Nguyen v. Taylor

Mass. App.: Court Affirms Summary Judgment for Local Newspaper
Minor Discrepancies Do Not Make Articles False
Boyle v. Cape Cod Times

E.D. Va.: Court Dismisses Defamation Claim Against Broadcast Warning Of “Unscrupulous” Tax Preparers
Report on Company Not “Of and Concerning” Plaintiff; Criticism Was Protected Opinion
Hanks v. WAVY Broadcasting, LLC

S.D.N.Y.: Lawyer’s Tortious Interference and Libel Claims Dismissed
Web Postings by Disgruntled Exes’ Not Actionable
Couloute v. Ryncarz

N.Y. Sup.: Court Reaffirms Partial Dismissal to Newspaper on Opinion and Jurisdictional Grounds
But Factual Issues Remain
Muhammad v. NYP Holdings, Inc.


9th Cir.: Ninth Circuit Holds That Does Not Violate Fair Housing Act
Statute Not Intended to Reach Choice of Roommates
Fair Housing Council v. LLC

Fla. App.; E.D. Ky.: Recent Section 230 Cases Analyze Immunity for Defamatory Third Party Postings
Florida Court Applies 230; Kentucky Court Denies Immunity
Giordano v. Romeo and Xcentric Ventures; Jones v. Dirty World Entertainment Recordings LLC


ECHR: European Court Issues Important Press Privacy Decisions
Sides with Press in German Privacy Cases
Axel Springer v. Germany; Von Hannover v. Germany

UK: The Honourable Nathaniel Rothschild Receives a Birching
Daily Mail Wins Libel Bench Trial on Substantial Truth
Rothschild v. Associated Newspapers


2nd Cir.: Second Circuit Affirms Grant of Motion to Quash Subpoena to Reporter
Plaintiffs Sought Reporter’s Testimony to Prove Negligence by Goldman Sachs
Baker v. Goldman Sachs & Co.

8th Cir.: Reporter’s Testimony Found Critical in Privacy Lawsuit
Plaintiff Sued Doctors Over Before and After Surgery Photos
Doe v. Young


10th Cir.: Tenth Circuit Holds That Detainees Enjoy a Privacy Interest in Booking Photos
Court Compared Mug Shots to Rap Sheets
World Publishing Co. v. United States Dept. of Justice

D.D.C.: Judge Finds That FBI in FOIA Case “Officially Confirmed” Identity of Civil Rights Informant
Newspaper Wins Access to File on Civil Rights Photographer
Memphis Publishing Company v. Federal Bureau of Investigation


C.D. Cal.: Happy Valentine’s Day for Warner Bros. and John Logan
Case Highlights Importance of Nuts and Bolts of Contract Formation Issues
Benay v. Warner Bros.