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August 2012

MediaLawLetter July 2012


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Can Government Punish False Speech Just Because It’s False?
U.S. Supreme Strikes Down the Stolen Valor Act
United States v. Alvarez


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 Between Government of U.S. and Government of United Kingdom on Mutual Assistance in Criminal Matters

Ill. Cir.: Illinois Reporter’s Privilege Shields Tech Blog’s Tipster
Tech Blog Deemed “News Media” Under Functional Approach
Johns-Byrne Co. v. TechnoBuffalo LLC, et al.


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?
Neely v. Wilson

D. Mass.: Court Refuses to Dismiss Privacy and Emotional Distress Claims Over Accident Photo
Plaintiffs Sued Newspaper Over Use of Photo on Mugs and Mouse Pads
Peckham v. New England Newspapers

N.J. App.: Little League Coach Strikes Out In Libel Action
Matter of Public Concern, No Actual Malice 
Rossi v. CBS Corporation et al.

R.I. Supreme Court Affirms Dismissal of Libel Complaint Against Newspaper and Radio Station
“Off the Record” Not Defamatory; Radio Rant Protected Opinion
Burke v. Gregg et al.

N.Y. App.: New York Appellate Court Affirms Dismissal of Politician’s Libel Claim
Calling Candidate Anti-Semitic and Racist Is Protected Opinion
Russell v. Davies, et al.

Idaho Dist.: Idaho Newspaper Ordered to Reveal Identity of Commenter
Commenter Not a Protected News Source; Court Applies Modified Dendrite Test
Jacobson v. Doe

Ga. Super.: Malicious Prosecution Tort, Sanctions Rules Applied Against Libel Plaintiffs
Claims May Provide Useful Tools in Media Litigations
Richey v. Walker


Illinois Appellate Court Recognizes Federal Immunity For News Websites
Rejects 7th Circuit Dicta on Section 230
Gains et al. v. Romkey et al.

E.D. La.: Consumer Review Website Protected by Section 230
Court Rejects “Creative” Attempt to Plead Around Statute
Courtney v. Vereb and Angies List, Inc.

D. Mass. / N.D. Cal.: Split Decisions on Netfix’s Obligation to Provide Captions Under the ADA
Are Websites Places of Public Accommodation?
Nat’l  Ass’n of the Deaf v. Netflix, Inc. / Cullen v. Netflix Inc.


D. Mass.: Massachusetts Court Awards Attorneys’ Fees To Successful Copyright Infringement Defendants
Plaintiff Claimed Angels & Demons was Based on his Book
Dunn v. Brown and Simon & Schuster, Inc.

S.D.N.Y.: Louis Vuitton Wins Trademark Dilution Claim Against Hyundai
Court Rejects Fair Use Defense for Social Commentary in Ad
Louis Vuitton Malletier, S.A. v. Hyundai North America


IACourtHR: Inter-American Court Issues First Press Privacy Decision
Newspaper Reports About President’s Private Life Protected
Fontevecchia and D´Amico v. Argentina


Iowa Supreme Court Reverses Order Compelling State University To Release Student Records
Open Records Act Inapplicable Where Release Might Violate FERPA
Press-Citizen Co. v. Univ. of Iowa

Ohio Supreme Court Finds That FERPA Trumps State Open Records Law
Federal Law Shields Records in Ohio State Tattoo for Memorabilia Scandal
State ex rel. ESPN v. Ohio State Univ.

N.J.: Law School Legal Clinic Not Subject to State Open Records Law
Legal Clinics Do Not Perform a Government Function
Sussex Commons Assocs., LLC v. Rutgers University