MediaLawLetter July 2008

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FCC

3d Cir.: Third Circuit Rejects FCC’s “Fleeting Images” Policy
Reverses Super Bowl Fine
CBS Corporation v. FCC

U.S.: Update: Supreme To Hear Appeal on FCC “Fleeting Expletives” Policy
Government Brief Filed in June; Media Briefs Due in August
FCC v. Fox Television Stations Inc.

LIBEL & PRIVACY

4th Cir.: Court Affirms Summary Judgment for NY Times in Lawsuit Over Anthrax Columns
No Evidence of Actual Malice Despite Refusal to Reveal Sources
Hatfill v. The New York Times Company

Ga. App.: Station Can’t Beat the Rap for Statements Alleging Murder
Appeals Court Restores Higher Award, Saying Retrial was Improper
Riddle v. Golden Isles Broadcasting

E.D. Mich.: Detroit Federal Judge Makes ‘Magic’ Libel Case Disappear
Magazine Panned Plaintiff’s Card Trick
Nagler v. Henderson and Stagewrite Publishing, Inc.

Tex. App.: Chinese-Language Newspaper Wins Summary Judgment
Libel Suit over Report of “Japanese Devils” Comment Dismissed
Wang and Yellow Emperor Communications d/b/a Houston Chinese Press v. Tang

Wis. App.: Newspaper Wins Summary Judgment in Former DA’s Defamation Suit
Destruction of Notes Did Not Raise Issue of Actual Malice
Biskupic v. Cicero

S.D.N.Y.: Court Dismisses Gary Condit’s Libel Suit against Dominick Dunne
Statements Were Protected Opinion
Condit v. Dunne

E.D. Mich.: Summary Judgment Denied on Libel Claims Over TV News Report
Reporter’s Pre-Broadcast Interview and Observations Could Show Actual Malice
LL NJ, Inc. v. NBC-Subsidiary (WCAU-TV)

N.D. Ga.: Federal Court Dismisses Defamation and Emotional Distress Claims Against CBS Radio
Statements on Radio Show Were Hyperbole
O’Jays Gigs, Inc. v. Smith

INTERNET

N.Y. Sup. Ct.: Court Applies Dendrite Standard: Orders Disclosure of Identifying Information
Pseudonymous Posters Allegedly Defamed Ex-Congressman
Ottinger v. The Journal News

INTERNATIONAL

Canada: Supreme Court of Canada Revives “Fair Comment” Defense
WIC Radio Ltd. v. Simpson

Switzerland: Swiss Courts Refuse Prior Restraint of AP Article
Decafin v. The Associated Press

COPYRIGHT

11th Cir.: Eleventh Circuit Rules for National Geographic in CD-ROM Copyright Case
Compilation of Magazine Issues a Permitted Revision
Greenberg v. Nat’l Geographic Soc’y

1st Cir.: Court Affirms Dismissal of Copyright / Trade Secrets Case Against Oprah, ABC
Plaintiff Claimed Show Was Based on Her Idea
Tracy v. Winfrey

C.D. Cal.: Court Dismisses Copyright Claim Over 1980s Parody Film
Use of Three Words from Song was De Minimus and Fair Use
Wixen Music Publishing Inc. v. 20th Century Fox Home Entertainment LLC

FOIA / ACCESS

Me.: Advisory Group Report Not a Public Record Under Maine’s Freedom of Access Act
Defendants Acted as Private Citizens in Giving Advice
Moore v. Abbott

NEWS & UPDATES

1st Cir.: Court Reinstates Journalists’ Fourth Amendment Claim Over Alleged FBI Assault
Qualified Immunity Was Granted Prematurely
Asociación de Periodistas de Puerto Rico v. Mueller

3d Cir.: Court Strikes Down Federal Law Criminalizing Depictions of Animal Cruelty
Court Declines to Create New Category of Unprotected Speech
United States v. Stevens

ETHICS

Legal Ethics For Media Lawyers: From Conflicts to Confidentiality to Lawyer Advertising
MLRC Publishes Compendium of Recent Ethics Articles