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August 2017

MediaLawLetter July 2017


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From the Executive Director’s Desk
How Trump Shapes Public Opinion of the Media (and How We Can Fight Back)

10 Questions for a Media Lawyer: Lynn Oberlander


N.Y. App.: Court Reaffirms Broad Scope of Shield Law
Niche Publication Protected From Forced Disclosure of Confidential Sources
Murray Energy Corporation v. Reorg Research, Inc.


2d Cir.: Court Affirms Dismissal of “Bomb” Defamation Claim
Substantial Truth Appropriate Inquiry on Motion to Dismiss
Tannerite Sports, LLC v. NBCUniversal News Group

10th Cir.: Court Affirms Dismissal of Defamation Claim After Reviewing Undercover Video
Broadcast About Questionable Annuity Sales Tactics Was Substantially True
Broker’s Choice of America, Inc. v. NBC NEWS Universal, Inc.

Cal. App.: Speech to Closed Group of Subscribers About Content of Websites a Matter of Public Concern Under Cal Anti-SLAPP Law
FilmOn v. DoubleVerify

E.D. Va.: No Qualified Immunity for Louisiana Sheriff Over Search and Seizure of Blogger
First and Fourth Amendment Claims Survive Motion to Dismiss
Anderson v. Larpenter


D. Utah: Federal Court Strikes Down Utah’s Ag-Gag Statute as Unconstitutional Abridgement of the First Amendment
Animal League Defense Fund v. Herbert


N.J.: Supreme Court Issues Landmark Police Records Decision
Use of Force Reports and Names of Officers Who Shoot Suspects Subject to Open Public Records Act
North Jersey Media Group Inc. v. Township of Lyndhurst

Ohio App.: When Is Speaking To The Media About A Pending Lawsuit ‘Frivolous Conduct’
Under Ohio Law?
Court Reverses Sanctions on Lawyer for Speaking to Media
Cruz v. English Nanny & Governess Sch., Inc.


9th Cir.: Court Rejects Facial Challenge to NSL Gag Orders
Implications for Recent Twitter Win on Transparency Reporting Unclear
In re National Security Letter (Under Seal v. Sessions)


E.D. Wis.: The Games Remain Afoot: Court Finds Restrictions on Location-Based Augmented Reality Games to Likely Be Unconstitutional
Game Has Sufficient Expressive Content
Candy Lab, Inc. v. Milwaukee County