Court Upholds Ordinance Regulating Distribution of Yellow Pages
Ordinance a Valid Regulation of Commercial Speech A Washington federal court rejected a constitutional challenge to a Seattle ordinance banning the distribution of Yellow Pages directories unless certain conditions are met, including publishing instructions on how to opt out of delivery. Dex Media West, Inc., et. a. v. City of Seattle, No. 10-1857 W.D. Wash….
Texas Supreme Court Recognizes Common Law Physical Safety Exception to Public Information Act
The Texas Supreme Court recognized a new exception to the state’s Public Information Act grounded in a common law right against disclosure of information that substantially threatens physical harm. Texas Department of Public Safety v. Cox Texas Newspapers, L.P. and Hearst Newspapers, No. 09-0530 (July 1, 2011). The court held that the interest in personal…
University of Washington Pays $175,000 to Settle Public Records Litigation Involving 2007 Baby Video Study
By Rachel Matteo-Boehm In a Public Records Act case that, among other things, illustrates the importance of the right of access to electronic public records in the same electronic format in which they are maintained by the public agency (as opposed to getting those records in paper or PDF form), the University of Washington has…
Australian State Enacts New Journalist Privilege Law
By Rani Wynn and Kevin Lynch The state of New South Wales (NSW), has become the first state in Australia to enact a “Journalist Privilege” law aimed at protecting journalists’ confidential sources. Amendments were made to the Commonwealth Federal Uniform Evidence Act 1995 in April this year, with the expectation that each State would enact…
Congressional Update: PROTECT IP Act Waiting Senate Action
By Kathleen Kirby and Shawn Bone Online piracy has become a hot topic on Capitol Hill in recent months, with Senate Judiciary Committee action on S. 968, the “Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act” (or PROTECT IP Act). The legislation had its genesis in the last Congress, in…
Passage of the Texas Anti-SLAPP Statute
A Walk in the Park or a Walk on a Tightrope? By Laura Lee Prather As the Texas Supreme Court continues to demonstrate unprecedented judicial activism to prevent access to public information such as dates of birth and travel vouchers for state employees, the Texas Legislature unanimously adopted one of the strongest Anti-SLAPP statutes in…
Corbis Wins Right of Publicity Suit Over Thumbnails
Plaintiff Posed for Pictures Knowing They Would Be Distributed A California federal district court granted summary judgment dismissing actress Shirley Jones’ right of publicity lawsuit against Corbis Corporation over thumbnail photos of her available on Corbis’s website. Jones v. Corbis Corporation, No. 10-8668 (C.D. Cal. May 25, 2011) (Wilson, J.) Corbis argued that Jones consented…
Publicity and Trademark Claims Against Video Game Maker Dismissed
Indiana Right of Publicity Statute Not Retroactive; First Amendment Bars Trademark Claim In separate decisions, an Indiana federal district court granted judgment on the pleadings and summary judgment to Electronic Arts, Inc. (“EA”) over its use of the name “Dillinger” in its Godfather video games. Dillinger, LLC v. Electronic Arts, Inc., 1:09-cv-1236 (S.D. Ind. June…
Florida Federal Court Enters Judgment Declaring Canadian Defamation Judgment Unenforceable in United States
By Deanna K. Shullman and Paul R. McAdoo A federal court in Florida has entered a stipulated final judgment holding that a Canadian defamation judgment is unenforceable in the United States pursuant to the new federal “Securing the Protection of our Enduring and Established Constitutional Heritage Act” or “SPEECH Act” and a similar libel tourism…
Eleventh Circuit Upholds Dismissal of Privacy Claims over “COPS” Episode
The Eleventh Circuit this month affirmed dismissal of privacy claims against the producers of a police reality television show for recording and broadcasting a traffic stop incident. Spilfogel v. Fox Broadcasting Company, et. al. No. 10-12507 (11th Cir. July 5, 2011) (Edmondson, Pryor, Anderson, JJ.) (per curiam). The court held that plaintiff 1) failed to…
Court Reduces Jury’s Punitive Damages Award in Right of Publicity Case
$19.6 Million Award Against Hustler Magazine Reduced to $250,000 By Darrell J. Solomon The tragic murder of former model and wrestler Nancy Benoit by her wrestler husband Chris Benoit led to a battle over Hustler Magazine’s right to illustrate a story about that murder with nude images of Ms. Benoit, without the consent of her…
Court Quashes Subpoena For Reality Show Outtakes
Criminal Defendant Failed to Meet Test to Pierce Shield Law By Cameron Stracher After nearly two years of litigation, a New York trial court granted Al Roker Entertainment’s motion to quash a subpoena for outtakes sought by petitioner, Tyler Hodson, for his defense in his criminal trial pending in New Jersey. In the matter of…
New Jersey’s High Court Addresses Shield Law Protection for “New Media” Journalists
Privilege Claims By “New Media” Journalists Require Scrutiny By Bruce S. Rosen and Kathleen A. Hirce The New Jersey Supreme Court, in a seminal ruling regarding what might be the nation’s most expansive shield law, has put the brakes on automatically providing the privilege to persons using new media who claim to be journalists. Too…
Second Circuit Reverses “Hot News” Judgment and Injunction
But Media “Hot News” Claims Remain Viable By Andrew L. Deutsch The “hot news” misappropriation doctrine was born in the Second Circuit. In 1917, a panel of that court entered an injunction in favor of the Associated Press and against AP’s competitor, International News Service (INS). The court found that INS’s practice of copying recently-published…
MediaLawLetter July 2011
Download Publication “HOT NEWS” MISAPPROPRIATION 2d Cir.: Second Circuit Reverses “Hot News” Judgment and InjunctionBut Media “Hot News” Claims Remain Viable Barclays Capital, Inc. v. Theflyonthewall REPORTERS PRIVILEGE N.J.: High Court Addresses Shield Law Protection for “New Media” Journalists Privilege Claims By “New Media” Journalists Require Scrutiny Too Much Media V. Hale N.Y. Sup.: Court…