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January 2006

MediaLawLetter June 2006


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


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


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


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


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


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


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