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January 2010

MediaLawLetter January 2010


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U.S.:  Citizens United: Campaign Cataclysm or Politics as Usual?
1st Amendment Bars Categorical Distinctions Based on Corporate Identity
Citizens United v. FEC

U.S.: Supreme Court Addresses Right of Access to Voir Dire
Courts Must Independently Consider Alternatives to Closing Court Proceedings
Presley v. Georgia

U.S.: Court To Hear First Amendment Challenge to State Public Records Act
Case Involves Disclosure of Petition Signers
Doe v. Reed

U.S.: Deeply Split Supreme Court Bars Cameras in Prop. 8 Same-Sex Marriage Trial
An Analysis In Favor of Camera Access
Hollingsworth v. Perry


MLRC/Southwestern Law School 7th Annual Entertainment and Media Law Conference


Mass.: Fair Report Privilege Applicable To Reports Of Confidential Government Actions Based On Anonymous Sources
Privilege Applies Even if Based on Confidential Sources
Howell v. Enterprise Publishing Company, LLC

Tex. App.: Texas Weekly Newspaper Loses Battle To Protect Confidential Sources And Avoid Libel Trial
Newspaper Needs Help Raising Money for Imminent Trial
Klentzman and Carter Publications, Inc. d/b/a The West Fort Bend Star, Inc. v. Wade Brady

N.J. App.: Truth is a Defense to Defamation Claim Despite Expungement
Case of First Impression in New Jersey
G.D. v. Kenny et al.

Cal. App.: Summary Judgment for Newspaper Affirmed on Appeal
Denial of Anti-SLAPP Motion Not Law of the Case on Summary Judgment
Portner v. Sullivan

4th Cir.: Court Affirms Consumer Website’s Sec. 230 Immunity in Defamation Case
Website Did Not Create Consumer Complaints
Nemet Chevrolet, Ltd v., Inc.

Pa. Comm.: Court Dismisses Libel Lawsuit Arising From Satire in Legal Newspaper
No Evidence of Actual Malice
Leber v. Young

S.D. W. Va: Rigorous Standard of Review for Libel-by-Implication Claims
Defendant Must Intend or Endorse Implication
Tomblin v. WCHS-TV8

Cal. App.: Damage Award in Michael Jackson Illegal Videotape Case Overturned
$20 Million Award Excessive
Geragos v. Borer


Fla. App.: Reporter Can Blog Live From Trial
Court Quashed Trial Court Order Baring Use of Laptop to Live Blog
Morris Publishing Co., LLC v. State of Florida

Ill.: Opposite Outcomes in Two High Profile Illinois Access Cases
Different Approaches to Pretrial Publicity in Criminal Cases
People v. R. Kelly; People v. Peterson


Kan.: Court Orders Reporter to Disclose Confidential Source
State Supreme Court Issues Emergency Stay Pending Appeal
GateHouse Media Kansas Holdings II, Inc. v. The Hon. Daniel L. Love


UK: Other Side of the Pond: Lord Justice Jackson Libel Report Produces Important Changes For Defendants
Dramatic Changes Proposed for Conditional Fee Arrangements

France: French Court Rules That Google Books Violates French Law
Digitizing and Availability in France Violates IP Law
Editions la Martinière v. Google, Inc., Google France

UK: Court Refuses to Enforce US Copyright Judgment or Hear US Copyright Infringement
ClaimCopyright Enforcement Analyzed in “Stormtrooper” Helmet Case
Lucasfilm Limited v Ainsworth


The “Prospective Client” Under Model Rule 1.18 and Motions to Disqualify
Case Law on Rule 1.18