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January 2008

MediaLawLetter January 2008


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New York: Libel Terrorism Protection Act Introduced in New York Legislature
Bill Would Protect Publishers From Foreign Libel Judgments

5th Cir.: Court Applies Single Publication Rule to Dismiss Libel Case Against
Dallas Newspaper Article Not “Continuously Published” for Statute of Limitations Purposes
Nationwide Bi-Weekly Admin., Inc. v. Belo Corp.

N.J. App. Plaintiff a Public Figure For Articles About Criminal Past
Publicized Crimes & Mob Ties a Public Controversy
Berkery, Sr. v. Kinney

W..D. Ky.: Court Holds Libel Plaintiff is a Private Figure
Court Rejects Involuntary Public Figure Argument
Trover v. Paxton Media Group L.L.C.

D.S.C.: Court Applies Common Law Malice Standard to Private Figure Case
Failure to Proofread Could Be Evidence of Malice
Floyd v. WBTW

Alaska: Alaska Supreme Court Affirms Summary Judgment for Newspaper
Actual Malice Standard Applies to Matters of Public Interest
Olivit v. City and Borough of Juneau

Ill. Cir. Ct.: Illinois Court Dismisses Claims Against Newspaper
Editorial Not Defamatory
Yoo v. Joong-Ang Daily News, Inc. (Korea Central Daily)

S.D.N.Y.: Court Dismisses Claim Against AU Magazine for Faux Gay Alumni Note
No Jurisdiction Over D.C. University
Weil and Royce v. American University

N.D. Ill.: Pharma Company’s Defamation, Trade Disparagement Claims Proceed
Company Suing Non-profit and Ecology Group
Morton Grove Pharmals., Inc. v. Nat’l Pediculosis Ass’n, Inc.

Ill. Cir. Ct.: Newspaper Did Not Violate Illinois Right Of Publicity Act
Statute Does Not Extend to Paid Ads
Oliver v. Ibgui


Nevada: Court Dissolves Prior Restraint Barring MSNBC From Holding Debate
Lower Court Ordered MSNBC to Include Dennis Kucinich
NBC Universal, Inc. v. Kucinich


Utah: Utah Supreme Court Adopts Shield Law Rule
New Rule of Evidence Provides Broad Protection

Maine: Shield Law Hearing in Maine

Fla. Cir. Ct.: Court Quashes Subpoena to Part-time Freelance Reporter
Reporter a Professional Journalist for Purposes of the Shield Law
In Re: The Marriage of Scott Porter, Husband, and Jennifer Porter, Wife

S.C. App. Ct.: Miranda Rights Unnecessary to Use Media Interview Against Prisoner
State v. Lynch


D.N.J.: Jury Rejects Quasi-Contract Claim For “Services” On The Sopranos
Baer v. Chase


France: Court Rejects Attempt to Enjoin Release of Book About Cecilia Sarkozy Divorce, or The Beginning of Private Life

ECHR: Dutch Journalist, Jailed for Refusing to Reveal Source, Wins Claim
The Netherlands Violated Journalist’s Article 10 Rights
Voskuil v. The Netherlands

ECHR: ECHR Strengthens Protection For Journalists And Their Sources
Police Raid of Reporter’s Home Violated Article 10
Tillack v Belgium


D.C. Cir.: Summary Judgment for CIA Reversed on JFK Assassination Request
CIA Directed to Search its Files for Documents
Morley v. Central Intelligence Agency

D.C. Cir.: Department of Defense Records Exempt Under FOIA
Advice on Terror Trial Commissions Exempt from Disclosure
National Institute of Military Justice v. U.S. Dept. of Defense

Fla. App. Ct.: Commissioner’s Memo On Alleged Public Corruption A Public Record
Miami Herald Media Company v. Sarnoff


FCC: FCC Proposes $1.4 Million Fine Against ABC for NYPD Blue
Program “Patently Offensive”

Congress: OPEN Government Act Restores Promise of FOIA