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February 2017

MediaLawLetter January 2017

PUBLICATION:

in this issue

Second Circuit Affirms Louis Vuitton Can’t Take a Joke

By Allison Venuti The Second Circuit recently affirmed summary judgment dismissing trademark infringement, trademark dilution, and copyright infringement claims brought by luxury goods maker Louis Vuitton against the manufacturer of utilitarian tote bags that playfully parody expensive brands. Louis Vuitton Malletier, S.A. v. My Other Bag, Inc., 2016 U.S. App. LEXIS 23014 (2d Cir. N.Y….

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Georgia Court Grants Review of Denial of Public Access to Hospital Records

The Georgia Supreme Court has agreed to resolve a long simmering dispute over public access to business records of the state’s many ‘privatized’ public hospitals. Smith v. Northside Hospital, Inc., Case No. S16G1463 (Georgia Supreme Court). Most of Georgia’s large metropolitan health systems—including Northside Hospital in Atlanta—were built with state and federal funding by county…

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Federal Court Finds For-Profit Safety Blog Qualifies As “News Media” Under FOIA

By Cindy Gierhart The U.S. District Court for the District of Columbia ruled last month that a blogger for a for-profit consumer safety company qualified for a Freedom of Information Act (FOIA) fee waiver as a “representative of the news media.” Liberman v. U.S. Dep’t Transp., No. 15-CV-1178 (D.D.C. Dec. 31, 2016). Background Ellen Liberman…

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D.C. Circuit Rules Citizens Can Sue to Force Probe of Federal Records Violations

Case Stems from Clinton Email Scandal By Matthew E. Kelley In one of the dozens of federal records cases related to the use of a private email server by then-Secretary of State Hillary Clinton, the D.C. Circuit has ruled that nongovernmental parties can sue to enforce the Federal Records Act’s mandatory referral of violations to…

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Processing-Before-Access Policy for Civil Complaints Declared Unconstitutional

Third in a Line of Similar Victories for Courthouse News Service By Jacquelyn Schell and Rachel Matteo-Boehm A civil court complaint is a quintessential public document. It is an important source of news about the courts, and its filing marks the initiation of a new government proceeding. Traditionally, in our nation’s largest and most active…

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How Should Social Media Platforms Deal with Fake News?

From the Next Gen Committee By Alexia Bedat In the wake of the fake news scandals of the 2016 U.S. presidential election, social media platforms such as Facebook and Snapchat are increasingly being held to standards expected of media, rather than tech, companies. Fact-checkers and editors are entering the scene, raising the question whether social…

New Law Restricts Contractual Attempts to Silence Unflattering Consumer Reviews

By Will Knapp A new federal law aims to prevent businesses from using contracts to restrict their customers from posting negative reviews. The Consumer Review Fairness Act, signed into law by President Obama on December 14, 2016, prohibits businesses from including non-disparagement clauses in form contracts. Consumer review websites often restrict companies themselves from changing…

Twitter Defamation Suit vs. Donald Trump Dismissed

By Allison Venuti A New York trial court dismissed a defamation suit against Donald Trump and his former campaign manager, holding that tweets and statements on TV about a political consultant were expressions of opinion. Jacobus v Trump, 2017 N.Y. Misc. LEXIS 96 (N.Y. Misc. 2017). The plaintiff, Cheryl Jacobus, political strategist, commentator, and P.R….

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Colorado News Magazine Wins Summary Judgment

Allegations Reported as Such are True Without Regard to the Substance of Those Allegations By Steven Zansberg On January 3, 2017, Denver District Court Judge Karen Brody issued an order granting summary judgment to Denver Westword, LLC, publisher of Westword weekly news magazine, in a defamation case brought by Dr. Louis C. Hampers. The ruling is…

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“Clock Boy’s” Claims Stop Ticking with Anti-SLAPP Dismissal

By Laura Prather and Alicia Calzada Most Americans heard the viral tale in 2015 of the high school student in Irving, Texas who brought a “clock” to school and was arrested when a teacher thought it looked like a bomb. But as the story unfolded, many—especially conservative commentators—began to question the motives of the family,…

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No Defamation/False Light Claim Based on Hollywood Reporter’s Sony Hack Article

By Natalie J. Spears and Gregory R. Naron The U.S. District Court for the Northern District of Illinois has found that a defamation and false light complaint against the publisher of The Hollywood Reporter (“THR”), arising from its reporting on the notorious 2014 hack of Sony Pictures, failed under Illinois law. Basile v. Prometheus Global…

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District of Columbia Court Issues Key Ruling on D.C. Anti-SLAPP Statute

Climate Scientist’s Libel Suit Survives Motion to Strike The District of Columbia Court of Appeals issued an important decision on December 22, 2016 interpreting and applying the D.C. Anti-SLAPP Act, D.C. Code § 16-5501 to 5505 (“the Act”), in an opinion that holds both good news and potential risk for media defendants and others engaged…

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New MediaLawLetter Feature: Ten Questions to a Media Lawyer

From the Executive Director’s Desk It’s my pleasure to introduce a new, hopefully regular MediaLawLetter feature – Ten Questions to a Media Lawyer. Each month, we’ll pick an experienced attorney and ask him or her the same ten questions covering career, views of the industry, advice for newcomers, office décor, and other issues of greater…

MediaLawLetter January 2017

Download Publication MLRC Ten Questions to a Media LawyerA New MediaLawLetter Feature LIBEL & PRIVACY D.C. App.: District of Columbia Court Issues Key Ruling on D.C. Anti-SLAPP Statute ClimateScientist’s Libel Suit Survives Motion to DismissCompetitive Enterprise Institute et al. v. Mann, and National Review, Inc. v. Mann N.D. Ill.: No Defamation/False Light Claim Based on…