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January 2010

MediaLawLetter July 2010


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2nd Cir.: Second Circuit Rules FCC’s “Fleeting Expletives” Indecency Enforcement Policy Unconstitutional
Broadcast Indecency Issue Likely Headed Back to Supreme Court
Fox Television Stations v. FCC


S.D.N.Y.: Federal District Court Rules That DMCA “Safe Harbor” Protects YouTube
General Awareness of Infringement Doesn’t Deprive Service Provider of Defense
Viacom v. YouTube

S.D.N.Y.: Viacom v. Google: District Court Grants Summary Judgment to Google
A Deeply Troubling Decision

C.D. Cal.: Use of 7-Second Historic TV Clip in Broadway Show Deemed “Fair Use”
Judge Grants Jersey Boys’ Motion for Summary Judgment in Copyright Action
Sofa Entertainment Inc. v. Dodger Productions, Inc.


U.S.: Court Rejects Broad Constitutional Challenge to Washington’s Public Records Act
Disclosure Of Ballot Signatures Not, as a General Matter, a First Amendment Violation
Doe v. Reed

U.S.: Court Rejects Challenge to Enron Conviction Predicated on Pretrial Media Coverage
Prominence Does Not Necessarily Produce Prejudice
U.S. v. Skilling


Wash. App.: Court Rejects Defamation by Implication through Juxtaposition of True Statements
Declines to Expand State Law on Libel by Implication
Yeakey v. Hearst Communications, Inc.

D. Colo.: Summary Judgment Granted To The History Channel
Statement Concerning Federal Prisoner’s Gang Affiliations Substantially True
Bustos v. United States

D.N.J.: Libel Complaint Against Local Newspaper Over Police Blotter Item Dismissed
Failure to Describe Charges as “Alleged” May Be Sloppy But Not False
Ciemniecki v. Parker McCay, et al.

9th Cir.: Less Protection for Anonymous Online Commercial Speech
Degree of Protection Varies Depending on Circumstances and Type Speech
In re Anonymous Online Speakers

Tex. App.: Court Upholds Preliminary Injunction in Online Libel Case
Alleged Defamatory Accusations Against Doctor Cause “Irreparable Harm”
Townsend v. Liming

10th Cir.: New Mexico Court Has Personal Jurisdiction Over a Florida Blogger
Blog Was Aimed Directly at State
Silver v. Brown, McMullen, and Growth Technologies International


UK: Reporting Criminal Investigations In The UK Just Got Riskier
Court of Appeals Rejects Reynolds Defense for Investigative Report
Flood v. Times Newspapers Ltd.

EJC: European Court of Justice Rules Data Protection Trumps EU Access Law
Names of Lobbyists and Officials Properly Withheld from Disclosure
Commission v Bavarian Lager Co., Ltd.


Wisc.: State Enacts Reporters’ Shield with Whistleblower Protection Act
39th State to Enact a Shield Law for Journalists
“Whistleblower Protection Act” Wis. Stat. § 885.14

2nd Cir.: Update: Court Orders Partial Disclosure of Documentary Outtakes
Court Limited Scope of Production; Full Opinion to Be Issued
In re Chevron Corp.


7th Cir.: Court Confirms Presumption Of Access To Juror Names During Trial
Judge Must Hold Hearing to Make “Considered Decision” on Juror Anonymity
United States v. Blagojevich

S.D.N.Y.: Court Grants Access Motion Unsealing 9/11 Property Damage Settlement Details
Common Law, First Amendment Rights Apply to Settlement Approval Filings
World Trade Center Properties LLC v. United Airlines, et al.

N.Y.: High Court Grants Newspaper Access to Police Gun Purchase Records
Records Not Exempt From Disclosure As Police “Personnel Records”
Capital Newspapers Div. of the Hearst Corp. v. City of Albany


Cal. Sup. Ct.: Camerawomen Wins $1.732 Million Dollar Jury Award Against LAPD
Was Beaten By Police While Covering 2007 Immigration Rally
Mecozzi vs. City of Los Angeles, et al.

Photography Restrictions Run Rampant
Restrictions on Coverage of BP Disaster; Incidents Around the Country

W.D. Wisc.: Wisconsin Court Upholds Exclusive Rights Contract
Rejects First Amendment Challenge to High School Athletics Internet Deal
Wisconsin Interscholastic Athletic Ass‘n v. Gannett Co.


FTC Discussion Paper Outlines Potential Solutions to Save Journalism
“Hot News” and Limitations on Fair Use on the Discussion Agenda


Ethics Corner: Practical Advice for Documenting Conflict Waivers
How Does a Good Lawyer Effectively Document a Conflict Waiver?