MediaLawLetter June 2006

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MLRC

Legislative: FOIA , Open Government Act
Executive Order on FOIA Processing

REPORTERS PRIVILEGE

US and D.C: Cir.: Government, Reporters Settle With Wen Ho Lee
Five News Organizations Agree to Pay $795,000
Lee v. U.S.

Connecticut: Connecticut Passes Shield Law

LIBEL & PRIVACY

Mo. Ct. App.: Update: Missouri Appeals Court Affirms $15 Million Misappropriation Verdict
“Predominant Use” Test Applied to Affirm Verdict Doe, a/k/a Tony Twist v. McFarlane

D.C. Cir.: Update: D.C. Cir. Grants Rehearing in Boehner v. McDermott

N.Y. App. Div.: New York Privacy Claim Survives Appeal
Defendants Failed to Show “Real Relationship”
Nieves v. HBO et al

Cal. Ct. App.: Playboy Mansion Party Videos Not Covered By California Anti-SLAPP Statute
Party Tapes Not A Matter of Public Interest
Whitney v. Playboy Entertainment Group, Inc.

Illinois: Supreme Court Holds That Fair Report Privilege Is Absolute
Privilege Not Defeated By Actual Malice
Solaia Technology v. Specialty Publishing Company

S.D. Fla.: Florida Federal Court Reaffirms Sports Columnists’ Right To Vigorously Express Their Opinions of Athletes
Context Signaled That Sports Column Was Opinion
Fortson v. Colangelo, et al.

Cal. Sup. Ct.: Court Grants Anti-SLAPP Motion Filed By Columbia University
CJR Magazine Article Not Of and Concerning Plaintiff; No Actual Malice
Bennett, et al. v. Columbia University et al.

E.D. Pa.: Website Protected By CDA and First Amendment
Not Liable for Third Party Postings
Dimeo v. Max

W.D. Pa.: “I am John Doe”
Defendant in Leading Anonymous Speech Case IDs Himself
Chapman v. Cannon

D.D.C.: Court Dismisses Libel and Privacy Claims Against NGO
Statements About Plaintiff’s Bank Not “Of and Concerning” Him
Jankovic v. International Crisis Group

Ky. Cir. Ct.: Kentucky Court Dismisses Photo Misidentification Case
Newspaper Argued No Injury to Reputation
French v. The Courier-Journal, Inc.

Tex. Ct. App.: Texas Appeals Court Embraces Fair Report Privilege
Clear Affirmation of Privilege Under Texas Law
Freedom Communications, et al v. Sotelo

Ill. Cir. Ct.: Hospital’s Libel Suit Against Union Preempted by Federal Labor Law
Plaintiff Failed to Meet Stringent Pleading Requirement
Advocate Health Care Network v. Service Employees International Union

SUPREME COURT

US: Supreme Court Denies First Amendment Protection to Public Employee Statements Made Pursuant to Official Duties
Constitution Does Not Insulate Such Speech From Employer Discipline
Garcetti v. Ceballos

ACCESS

Cal. Sup. Ct.: Contempt Proceedings Against TV Station for Showing Jurors Dismissed
TV Station Issued Voluntary Apology to Trial Judge
People v. Bruce Sons

S.C.: South Carolina Supreme Court Reverses Courtroom Closure
Court Reaffirms Presumption of Openness
State v. Williams

INTERNATIONAL

UK: English High Court Decision Explore Jameel’s Impact on Libel Cases
Courts Look to Extent of Web Publication
Al Amoudi v. Brisard and another

NEWS AND UPDATES

FTC: Makers of “Grand Theft Auto” Settle FTC Charges
Game Maker Accused of Deceptive Marketing
FTC File No. 052 3158

FCC: Broadcast Indecency Enforcement Act Signed into Law
Fines Increased to $325,000