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July 2014

MediaLawLetter July 2014


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Fla. Cir.: George Zimmerman’s Defamation Lawsuit Against NBC Dismissed
Zimmerman a Public Figure; NBC Did Not Materially Alter His Comments
Zimmerman v. NBCUniversal Media

10th Cir.: Circuit Reinstates Defamation Claims Over Dateline Hidden Camera Report
Plaintiff Stated a Claim for Defamation; Court Affirms Dismissal of § 1983 Claims
Broker’s Choice of America, Inc. v. NBC Universal, Inc.

Ill. Cir.: Illinois State Court Strikes Sex Tape Lawsuit Under California Anti-SLAPP Statute
Former Movie Star Could Not Prove Ebony Magazine Acted With Actual Malice
Kennedy v. Johnson Publishing Co.

Utah App.: Utah Appeals Court Revives Privacy Case Over “Before and After” Surgery Photos
Questions of Fact Keep Non-Media Case Alive
Judge v. Saltz Plastic Surgery

Ill. Cir.: Libel and Privacy Claims over News Coverage of Sexual Harassment Complaint Dismissed
Innocent Construction and Fair Report Privilege Protect Media
Ludlow v. Sun Times Media

Sixth Circuit Affirms Summary Judgment Dismissing Law School’s Libel Claim
School Sued Plaintiffs’ Lawyers Critical of School’s Placement Data
Thomas M. Cooley Law School v. Kurzon Strauss, LLP

Fla. App.: Court Claims Public Interest in Resolving Defamation Action Between New York Residents
Defendant’s Defamatory Statement was Posted on a Blog
Nordlicht v. Discala

N.D.N.Y., D.S.C., Md.: Vetting Stories About Interviews with Alleged Victims and Witnesses
Pre-Pub Challenges and Lessons Learned
Fine v. ESPN, Inc.; Tharp v. Media General; Piscatelli v. Van Smith

N.Y. Sup.: Court Protects Identity of Pseudonymous Corporate Critic
Article Was Opinion; Anonymous Online Speech Merits Constitutional Scrutiny of Disclosure Demands
NanoViricides, Inc. v. Seeking Alpha, Inc.


S.D.N.Y.: Legal Databases’ Use of Publicly Filed Briefs is Fair, District Court Rules
Transformative Nature of Use Weighs Heavily in Decision
White v. West Publishing


EU: Google Spain: A Judgment Which Deserves To Be Forgotten
Right to Be Forgotten Judgment Not Working in Practice
Google Spain v González


Federal FOIA Reform Bill to Narrow Deliberative Process Privilege Introduced
“FOIA Improvement Act of 2014”

6th Cir.: Detroit Free Press Continues Mug Shot Battle in Sixth Circuit
DOJ Seeks En Banc Review to Overturn Circuit Precedent

2d Cir., D.C. Cir.: Presidential Privacy, CIA Records and Other Access Cases of Note
Cook v. National Archives & Records Administration; National Security Archive v. Central Intelligence Agency


U.S.: Supreme Court Solidifies Privacy Protections for Cellphone Data
Warrantless Searches Incident to Arrest Unconstitutional
Riley v. California and United States v. Wurie


E.D.N.Y.: Settlement of Cameraman’s Civil Rights Suit Protects the Public’s Right to Film Police Activity
Cameraman Arrested for Obstructing Governmental Authority
Datz v. Milton


A View from the Inside: Why Can’t We Be Friends?
A Few Thoughts on Amicus Briefs, Amicus Pitches, and Why We Sometimes Say No