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February 2012

MediaLawLetter January 2012


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Justices Address Broadcast Indecency
Four Letter Words and Bare Buttocks at the Supreme Court
FCC v. Fox Television

What the Court’s GPS Ruling Could Mean for Digital Privacy
United States v. Jones

Supreme Court Delivers Good News to TCPA Defendants
Mims v. Arrow Financial


MLRC/Southwestern Media and Entertainment Law Conference
Angels and Demons: Navigating Tricky Entertainment and Media Issues to Reach Legal Nirvana


Ill.: Illinois Supreme Court Dials Back Protection Provided By State’s Anti-SLAPP Statute
Statute Only Covers Speech Aimed “Solely” at Petitioning Activities
Sandholm v. Kuecker

E.D. La.: Louisiana Federal Court Narrowly Interprets State Anti-SLAPP Statute
Author’s Anti-SLAPP Motion Denied
Louisiana Crisis Assistance Center v. Marzano-Lesnevich

Md.: Maryland High Courts Affirms Defamation Case Dismissal for City Paper
Coverage of Murder Trial Protected by Fair Report, Fair Comment
Piscatelli v. Smith

N.Y. Sup.: Trial Court Dismisses Right of Publicity and Related Claims Arising Out of Use of Video in Comedy  Segment of Television Program
Law Strictly Limited to Commercial Appropriations
Sondik v. Kimmel

N.Y. Sup.: Judge Refuses to Put Ice Cream Plaintiffs’ Claim on Ice
Defamation and Disparagement Claims over “Shame, Shame, Shame” Report
Prince v. Fox Television Stations

D.C.  App.: Court of Appeals Shields Anonymous Internet Informant
Affirms Specificity Required for Corporate Defamation Damages
Software & Information Industry Association v. Solers, Inc.

D.  Ore.: Blogger Moves for New Trial to Reverse $2.5 Million Verdict
Court Applied Strict Liability Standard; No Public Concern
Obsidian Financial Group, et al. v. Cox


Ill. Cir.: Illinois Judge Snubs Tech Blog – Holds Reporter’s Privilege Inapplicable
Website Not “News Medium”
Johns-Byrne Co. v. TechnoBuffalo LLC, et al


D.C. App.: Washington Post Wins Release of Jury Questionnaires in Murder Trial
D.C. Court of Appeals Affirms First Amendment Right of Access to Completed Forms
In re Access to Jury Questionnaires

Kentucky: Newspapers Seek More Transparency And Public Accountability In Child Fatalities And Near Fatalities
Child Welfare Agency Fights to Keep Records Secret

Cal. Sup.: Los Angeles Times Wins Access to State Employee Pension Data
Boost for Pension Transparency

Tenn. Cir.: Media Wins Access to High Profile Adoption Dispute Trial
Court Dismisses Motion for Closure and Sealed Record
In re Hansen


9th Cir.:  DMCA Requires Specific Knowledge of Copyright Violation for Service Provider Liability
General Knowledge of Infringement Insufficient
UMG Recordings v. Shelter Capital Partners


N.H.: New Hampshire Misteps On “Bigfoot’s” Free Speech
First Amendment Protections Apply Even to Video Hoax
Doyle v. Commission, N.H. Depart. Resource & Economic Development


Ark. Cir.: Website “Flash Cookie” Invasion of Privacy Class Action Dismissed
Arkansas State Court Relies On Forum Selection Clause In Terms of Use
Roller, et al. v. TV Guide Online Holdings, LLC, et al.


Canada: “Intrusion Upon Seclusion”: New Privacy Tort Recognized in Canada
Decision Will Likely Lead to Claims Against Media
Jones v. Tsige

Canada: Heavy Evidentiary Burden Imposed On Litigants Seeking Publication Bans and Sealing Orders
Media Intervenors Entitled to Report on Divorce Case
E.H. v. Russell Williams

Netherlands: Dutch Movie Producer Wins Second Case Over Heineken Kidnapping Movie
Kidnappers’ Reputation Claims Denied


Virginia Circuit Court Sanctions Party and Counsel $722,000 for Spoliation of Facebook Evidence
Instruction to Clean Up Facebook Page Results in Sanction
Lester v. Allied Concrete Co.