MediaLawLetter July 2007

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SUPREME COURT

U.S.: Supreme Court Loosens Campaign Advertising Restrictions
Campaign Finance Law Unconstitutional as Applied to Issue Ads
Federal Election Commission v. Wisconsin Right to Life, Inc.

LIBEL / PRIVACY

Cal. Ct. App.: $15 Million Misappropriation Award Reversed and Remanded
Single Publication Rule Applies; Insufficient Evidence for Award of Profits
Christoff v. Nestle USA, Inc.

R.I.: Rhode Island Supreme Court Affirms Directed Verdict for Newspaper
Police Blotter Item Protected by Fair Report Privilege
Trainor v. The Standard Times

Pa.: Pennsylvania “Rejects” Anderson v Liberty Lobby?
Republication To Be Relevant For Actual Malice
Weaver v. Lancaster Newspapers, Inc.

1st Cir.: First Amendment Protects Disclosure of Illegally Recorded Tape
Bartnicki v. Vopper Applied to Web Posting of Police Search Video
Jean v Massachusetts State Police

10th Cir.: Tenth Circuit Affirms Dismissal of Policemen’s Privacy Case Against Broadcaster
Disclosure of Undercover Status of Public Interest
Alvarado v. KOB-TV, LLC

Tex. App.: Texas Newspaper Wins Summary Judgment on Interlocutory Appeal
An “Accusation” by Any Other Name is Still the Same
DR Partners v. Floyd

Pa.: An Unfortunate Victory in Pennsylvania
Plaintiff-Friendly Standards Adopted for Corporate Public Figure Status, Conditional Privilege
American Future Systems, Inc. v. Better Business Bureau of Eastern Pennsylvania

Cal. App. Court Affirms Dismissal of College Coach’s Defamation Claims
Reasons For Termination A Matter of Public Interest
McGarry v. University of San Diego

Cal. Super.: Court Dismisses Rodeo Spectator’s Claims Over “Borat” Movie
Plaintiff Made Political Statement by Displaying Confederate Flag on His Cap
Doe v. One America Productions

Neb.: Dist. Ct. Court Refuses Prior Restraint Against Publication of Allegedly Defamatory Book
Hospital Sought to Suppress Manuscript About Hepatitis C Outbreak
Freemont Area Medical Center v. McKnight

E.D.Va.: Virginia Court Grants Preliminary Injunction in Libel Case
Orders Fringe Author to Stop Libeling Patricia Cornwell
Cornwell v. Sachs

Mass. Super.: Islamic Society of Boston Drops High Profile Libel Cases Against Media
Facing Damaging Disclosures in Discovery, Three Cases Collapse
Abou-Allaban v. Fox Television Stations, Inc.; Kandil v. Boston Herald, Inc.; Islamic Society of Boston v. Boston Herald, Inc.

Cal. Super.: Anti-SLAPP Statute Protects Reality Show About Former Kiss Rock Star
Public Interest in the Lifestyles of the Rich and Famous
Greenstein v. Greif Company

INTERNATIONAL

England: Court of Appeal Recognizes Neutral Report Defense in Libel Cases
Republication of Allegations Protected Under Umbrella of Reynolds Defense
Robert v. Gable, Silver, Searchlight Magazine

COPYRIGHT / TRADEMARK

W.D. Pa.: Court Rulings Limiting Recovery of Statutory Damages
Two Rulings Make Use of Copyright Act and DMCA
McClatchey v. Associated Press

D. Mass.: Use of Photograph in News Broadcast Held to Be Infringing
Court Looks to Industry Practices To Find No Fair Use
Fitzgerald v. CBS

3d Cir.: Circuit Affirms Dismissal of Copyright and Libel Claims Against Google
Communications Decency Act Shields Internet Giant
Parker v. Google

NEWSGATHERING

Ga. Magis. Ct.: Court Denies Application for Arrest Warrants Sought Against Reporter & Photographer
Judge Finds Neither Possessed Requisite Criminal Intent for Criminal Trespass

7th Cir.: Circuit Affirms Retaliatory Discharge Judgment for Media Source
Firing of Security Officer “violated a mandate of public policy”
Thomas v. Guardsmark, LLC

COMMERCIAL SPEECH

N.D.N.Y.: Federal Court Strikes Down Attorney Advertising Rules
Evidence Supporting Need for Restrictions “Notably Lacking”
Alexander v. Cahill

LEGISLATION

Update: Media Issues Heat Up on Capitol Hill as the Legislative Summer Doldrums Approach
Congress Addresses Prescription Drug Advertising and Federal Shield Law, among others

CYBER

Update: The Net Neutrality Debate
Why Government-Imposed Net Neutrality Would be Bad Policy