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October 2011

MediaLawLetter January 2011


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Scripts, Lies & Videogames
MLRC – Southwestern Conference Explores Hot Entertainment Issues


2d Cir.: Second Circuit Approves Court-Ordered Production of Documentary Film Outtakes
Existence of Reporter’s Privilege Reaffirmed with Emphasis on Journalistic Independence
Chevron Corp. v. Berlinger 


S.D.N.Y.: Associated Press and Shepard Fairey Settle Obama “HOPE” Poster Case
Settlement Calls for Both Sides to Work Together with “HOPE” Image
Associated Press v. Fairey

S.D.N.Y.: Media Defendants All A-Twitter
Court Construes Twitter’s Terms of Use Narrowly, to Media Entities’ Chagrin
Agence France Presse v. Morel


Miss.: WDAM Successfully Sues to End Prior Restraint Enjoining Broadcast of Video Depicting Juvenile Abuse
Youth Court Order an Illegal Prior Restraint
Raycom Media, Inc. v. Forrest County Youth Court


2d Cir.: Second Circuit Affirms Dismissal of Defamation Claim by Postdoctoral Researcher
Avoids Deciding Plaintiff’s Status – Or Does It?
Chandok v. Klessig

Ill. Cir. Ct.: Trial Court Grants CBS’s Anti-SLAPP Motion
News Broadcast Aimed at Procuring Favorable Government Action
Tatgenhorst v. WBBM-TV

Cal. App.: Appeals Court Calls for Eliminating Appeals from Denials of Anti-SLAPP Motions
Court Bemoans “Misuse and Abuse “of Anti-SLAPP Law
Grewal v. Jammau et al.

Tex. App.: Court Affirms Denial of Summary Judgment to Newspaper
Lawyer Plaintiff Not a Public Figure Despite Extensive Press Coverage
ZYZY Corp. v. Hernandez

N.D. Fla.: Website Owner Brings Challenge Under SPEECH Act and Florida’s Libel Tourism Statute
First Use of New Federal Libel Tourism Law et al. v. Mina Mar Group Inc., et al.

E.D. Ky.: Kentucky Court Has Jurisdiction Over Arizona Gossip Website
Defamatory Statements “Targeted” Plaintiff’s State
Jones v. Dirty World LLC

9th Cir.: Ninth Circuit Vacates Prior Ruling on Anonymous Online Commercial Speech
Standard for Anonymous Commercial Speech Reserved for Another Day
In re Anonymous Online Speakers

Ohio Com. Pleas: Newspaper Wins Summary Judgment on Libel and Spoliation Claims
Articles Were Substantially True; “Viewpoint” Column Protected Opinion
Baxter v. Sandusky Newspapers et al.


7th Cir.; Fla.: Seventh Circuit, Florida State Court, Reach Opposite Conclusions on Whether Non-Party Websites May Ignore Takedown Orders
Website Ordered to Remove Third-Party Postings
Blockowicz v. Williams; Giordano v. Romeo

E.D. Va.: Consumers Union Wins Typosquatting Litigation
Typosquatters Ordered to Turn Over Domain Names
Consumers Union of United States, Inc. v., et al.


N.Y. Sup. Ct.: New York Trial Court Dismisses Article 78 Petition Attempt to Block Release of Teacher Data
Teachers Have No Privacy Interest In Performance Ratings
Mulgrew v. Board of Education

Colo. Crim.: Judge Seals Arrest Warrant Affidavits
First Amendment and Common Law Rights Outweighed by Countervailing Interests
Colorado v. Cox


ECHR: European Court of Human Rights Rules That UK Success Fees Violate Article 10
The End of Recoverable Success Fees in UK Media Cases?
MGN Limited v. United Kingdom


Fee-Splitting or Splitting Hairs?
How Rigid Application of Rule 5.4(a) Impacts the In-House Media Lawyer

News Broadcast Aimed at Procuring Favorable Government Action
Tatgenhorst v. WBBM-TV
Cal. App. Appeals Court Calls for Eliminating Appeals from Denials of Anti-SLAPP Motions