Ten Questions to a Media Lawyer: Julie Ford
Julie Ford is currently of counsel to George, Brothers, Kincaid & Horton in Austin, Texas. 1. How’d you get into media law? What was your first job? It all started when I failed – miserably, horribly – at trying to get work as a news reporter. In 1974, after working for my college newspaper, I…
This Means War: Dispute Over Scope of Insurance Policy’s “War” Exclusions Rests On “Layperson” Understanding of Term
From the MLRC Insurance Committee By Terence P. Keegan Like many insurance policies, coverage agreements for media companies generally exclude losses that arise out of “war.” Yet “war” is not always defined in these agreements. A recent case over denial of coverage to a television production caught in the middle of a sudden conflict has…
Media Coalition Wins Access to Warrant Materials in Las Vegas Mass Shooting
A Las Vegas judge, at the urging of a coalition of news media organizations and over the objection of police, today ordered the release of sealed search warrant materials connected to the investigation of the largest mass shooting in modern U.S. history. The warrants authorized the search and seizure of people, cars, computer hard drives,…
Arizona Court of Appeals Declares Media Restrictions Unconstitutional
By David J. Bodney and Chase Bales On January 23, 2018, the Arizona Court of Appeals issued a unanimous opinion reaffirming the strict requirements for limiting the media’s ability to disseminate public information and strongly cautioning trial courts against imposing prior restraints in all but the most exceptional circumstances. Phoenix Newspapers, Inc. v. Otis, No….
Section 230 Shields Twitter, Facebook, and Google from Terrorism and Emotional Distress Claims
By Michael J. Lambert The Northern District of California dismissed a lawsuit alleging that three social media companies were partially responsible for the death of five police officers by providing support to a terror group through their online platforms. Pennie v. Twitter, Inc., No. 17-CV-00230-JCS, 2017 WL 5992143 (N.D. Cal. Dec. 4, 2017). The decision…
HIV Positive Status Is Defamatory Per Se Under NY Law
Court Rejects Argument That “Loathsome Disease” Category is Archaic In an interesting non-media decision, a New York appellate court panel affirmed that a model whose photograph was used without permission in a public service advertisement about the rights of HIV positive people had stated a claim for defamation per se. Nolan v. New York, 2018…
Libel By Twitter Claim Against Actor James Woods Dismissed
Question Mark Meant Tweet Was Not a Statement of Fact An Ohio federal district court dismissed defamation and false light claims against actor James Woods over a tweet suggesting that plaintiff, a Bernie Sanders supporter, was giving a Nazi salute at a Trump rally. Boulger v. Woods, No. 2:17-cv-186 (S.D. Ohio Jan. 24, 2018) (Smith,…
New York Appellate Court Affirms Dismissal of Trump Tweet Libel Suit
Tweets, Related Statements Were Opinion and Hyperbole A New York appellate division panel affirmed dismissal of a defamation suit against Donald Trump, Corey Lewandowski and the Trump campaign over tweets and related statements directed at a political strategist. Jacobus v. Trump, 2017 NY Slip Op 08625 (Dec. 12, 2017). At issue were a series of…
Burke Ramsey Defamation Suit Against CBS Survives Motion to Dismiss
Program on Murder of JonBenet Ramsey Not Opinion as a Matter of Law A Michigan Circuit Court this month denied a motion to dismiss a defamation complaint seeking $750 million in damages over a true crime program which examined the unsolved JonBenet Ramsey murder case and hypothesized that she was killed by her brother Burke…
Ninth Circuit Affirms Dismissal of Hungarian Olympian’s Defamation Claims
Speculation About Use of Performance Enhancing Drugs Not Defamatory By Naomi Sosner A divided Ninth Circuit panel recently affirmed the dismissal of Olympian swimmer Katinka Hosszu’s defamation claims against Casey Barrett and Sports Publications International. Hosszu v. Barrett, 2017 U.S. App. LEXIS 25202 (9th Cir. 2017) (unpublished) (Thomas, Reinhardt, and Trott, JJ). Hosszu sued over…
Virginia Court Quashes Subpoena for TV Station’s Interview with Alleged Sexual Assault Victim
Defendant Failed to Show Outtakes Were Essential to His Defense By Matthew E. Kelley A Virginia court quashed a sexual assault defendant’s subpoena for unaired portions of a television station’s interview with his accuser, holding that the defendant had not shown that the outtakes were material to his defense. Commonwealth v. Townley, No. CL-1827 (Jan….
From the Executive Director’s Desk: Trump’s Legal Threats Against Bannon and Wolff Are as Empty as They Are Foolish
This column was originally published by the Daily Beast on January 9th. It’s been five days since President Donald Trump’s lawyer sent “cease and desist” letters threatening to sue Stephen Bannon and Michael Wolff. Far from getting them to cease or desist, the book is a runaway best-seller and Bannon has belatedly apologized. If Trump…
MediaLawLetter January 2018
Download Publication MLRC From the Executive Director’s DeskTrump’s Legal Threats Against Bannon and Wolff Are as Empty as They Are Foolish Ten Questions to a Media Lawyer: Julie Ford REPORTER’S PRIVILEGE Va. Cir.: Court Quashes Subpoena for TV Station’s Interview With Alleged Sexual Assault Victim Defendant Failed to Show Outtakes Were Essential to His Defense…