Public University Law School Legal Clinic Not Subject to State Open Records Law
Legal Clinics Do Not Perform a Government Function In an interesting access case, the New Jersey Supreme Court held that a state law school legal clinic is not subject to the state’s open records law. Sussex Commons Assocs., LLC v. Rutgers University, A-97-10 (July 5, 2012). The Court reasoned that the state legislature did not…
Ohio Supreme Court Finds That FERPA Trumps State Open Records Law
Federal Law Shields Records in Ohio State Tattoo for Memorabilia Scandal Analogizing FERPA to a contract conditioning the receipt of federal funds, the Ohio Supreme Court recently held that the federal student privacy law could bar the release of certain state records relating to an Ohio State University football scandal. State ex rel. ESPN v….
Iowa Supreme Court Reverses Order Compelling State University To Release Student Records
Open Records Act Inapplicable Where Release Might Violate FERPA By Regwood Snipes On July 13, 2012 − as Penn State University was being roundly criticized for lack of openness and transparency in the aftermath of the Sandusky scandal − the Iowa Supreme Court reversed and remanded an Iowa district court decision ordering a state university…
Inter-American Court Issues First Press Privacy Decision
Newspaper Reports About President’s Private Life Protected By Eduardo Bertoni Late last year, the Inter-American Court of Human Rights issued its decision in the press privacy case of Fontevecchia and D´Amico v. Argentina, deciding that press reports about the private life of a public official were protected as matters of public concern. Background In September…
Louis Vuitton Wins Trademark Dilution Claim Against Hyundai
Court Rejects Fair Use Defense for Social Commentary in Ad A New York federal district court recently granted summary judgment to Louis Vuitton (“LV”), the luxury French fashion house, on trademark dilution claims against Hyundai over the use of LV’s “toile monogram” in a television advertisement. Louis Vuitton Malletier, S.A. v. Hyundai North America (S.D.N.Y….
Massachusetts Court Awards Attorneys’ Fees to Successful Copyright Defendants
By Elizabeth A. McNamara and Gordon P. Katz Section 505 of the Copyright Act grants a U.S. District Court discretion to award reasonable attorneys’ fees to a prevailing party in a copyright case. 17 U.S.C. §505. The possibility of an adverse fee award is, among other things, designed to deter meritless copyright claims or…
Split Decisions on Netfix’s Obligation to Provide Captions under the ADA
Are Websites Places of Public Accommodation? In June and July of 2012, federal district courts in Massachusetts and California reached different conclusions as to whether the Americans with Disabilities Act (ADA) applies to websites’ online services. Nat’l Ass’n of the Deaf v. Netflix, Inc., No.11-CV-30168-MAP, 2012 WL 2343666 (D. Mass. June 19, 2012) (Ponsor, J.);…
Consumer Review Website Protected by Section 230
Court Rejects “Creative” Attempt to Plead Around Statute Rejecting what it called a “creative” attempt to plead around Section 230, a Louisiana federal court dismissed a defamation complaint against consumer review website Angie’s List. Courtney v. Vereb and Angies List, Inc., No. 12-655, 2012 U.S. Dist. LEXIS 87286 (E.D. La. June 21, 2012) (Zainey, J.)….
Illinois Appellate Court Recognizes Federal Immunity For News Websites
Rejects 7th Circuit Dicta on Section 230 By Michael M. Conway and Marilee L. Miller In July 2012, an Illinois Appellate Court held that a newspaper website’s policy allowing editors to refuse to post or to remove anonymous comments the newspaper regarded as obscene, profane or inappropriate did not strip the website of the immunity…
Malicious Prosecution Tort, Sanctions Rules Applied Against Libel Plaintiffs
Claims May Provide Useful Tools in Media Litigations In May of 2012, Rashad Richey, the Political Director of the Georgia Democratic Party, filed a defamation lawsuit in a Georgia Superior Court against Andre Walker, a blogger who operates the site “Georgia Politics Unfiltered.” See Richey v. Walker, No. 2012-CV-214700 (Ga. Super 2012). In blog postings,…
Idaho Newspaper Ordered to Reveal Identity of Commenter
Commenter Not a Protected News Source; Court Applies Modified Dendrite Test An Idaho District Court refused to quash a subpoena to the Spokesman-Review newspaper seeking the identity of an online commenter who posted allegedly defamatory statements about a public figure plaintiff. Jacobson v. Doe, No. 12-3098 (Idaho Dist. July 10, 2012) (Luster, J.). The court…
New York Appellate Court Affirms Dismissal of Politician’s Libel Claim
Calling Candidate Anti-Semitic and Racist Is Protected Opinion A New York appellate court this month affirmed dismissal of a failed political candidate’s libel suit against multiple media defendants who had described plaintiff as anti-Semitic and racist. Russell v. Davies, et al., 2012 NY Slip Op 05507 (N.Y. App. Div. 2d Dept. July 11, 2012). The…
RI Supreme Court Affirms Dismissal of Libel Complaint Against Newspaper and Radio Station
“Off the Record” Not Defamatory; Radio Rant Protected Opinion The Rhode Island Supreme Court this month affirmed dismissal of libel claims against the Providence Journal, Citadel Broadcasting, a reporter, and talk radio host over statements criticizing media access restrictions at a political luncheon. Burke v. Gregg et al., No. 2011-148 (R.I. July 5, 2012). The…
Little League Coach Strikes Out In Libel Action
By Tom Curley A New Jersey appeals court has affirmed a grant of summary judgment to CBS’s Philadelphia television station in a defamation case. The case arose from news reports about a verbal altercation on a Little League field involving an adult assistant coach and a 12-year-old player on the opposing team. The Appellate Division…
Court Refuses to Dismiss Privacy and Emotional Distress Claims Over Accident Photo
Plaintiffs Sued Newspaper Over Use of Photo on Mugs and Mouse Pads In an interesting case involving the boundaries between editorial speech and commercial use, a Massachusetts federal court denied a motion to dismiss privacy and emotional distress claims over the secondary use of an undoubtedly newsworthy photo. Peckham v. New England Newspapers, No. 11-30176,…
Texas Supreme Court Set to Hear Argument in “Third-Party Allegation Rule” Case
Is the Press Immunized When It Accurately Reports Allegations Made by a Third Party? By Jim Hemphill Whether Texas law recognizes a “third-party allegation rule” in media libel cases – derisively characterized by the plaintiff as “neutral reportage on steroids” – is a key issue in a case that will be heard by the Texas…
Illinois Reporter’s Privilege Shields Tech Blog’s Tipster
Tech Blog Deemed “News Media” Under Functional Approach By Esther J. Seitz An Illinois trial court this month reconsidered its prior construction of Illinois’ reporter’s privilege—holding that a technology blog can qualify as a “news medium” and avail itself of the state’s reporter’s privilege law. Johns-Byrne Co. v. TechnoBuffalo LLC, et al., Cook County No….
First Circuit Refuses to Quash UK Subpoena for Confidential “Belfast Project” Interviews
The New “Dirty Little Secret” About Branzburg By Jonathan M. Albano Speaking at a seminar years before his appointment to the Second Circuit Court of Appeals, Judge Robert Sack once referred to Branzburg as the media defense bar’s “dirty little secret.” At the time, the somewhat overwhelming consensus of the federal Courts of Appeal was…
Supreme Court Strikes Down Stolen Valor Act
By Tom Clyde When the tsunami of reporting on the U.S. Supreme Court’s recent health care decision subsided, another newsworthy decision issued on June 28, 2012, rose to the surface. In United States v. Alvarez, the Supreme Court struck down the Stolen Valor Act in a group of opinions that examined the constitutional value –…
MediaLawLetter July 2012
Download Publication SUPREME COURT Can Government Punish False Speech Just Because It’s False? U.S. Supreme Strikes Down the Stolen Valor Act United States v. Alvarez REPORTERS PRIVILEGE First Circuit Refuses to Quash UK Subpoena for Confidential “Belfast Project” Interviews The New “Dirty Little Secret” About Branzburg In re Request from United Kingdom Pursuant to Treaty…
Remedies for Malicious, Frivolous, or Abusive Prosecution: 50 State Survey
Download Publication By Mitch Drucker* Explanation of Research Methods The inspiration for this survey was an inquiry related to the state of Georgia’s “Abusive litigation” statute, Ga. Code Ann. §51-7-81, which provides that: Any person who takes an active part in the initiation, continuation, or procurement of civil proceedings against another shall be liable for…