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January 2007

MediaLawLetter June 2007


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Ethics: Prohibitions on Extrajudicial Speech Under the Rules of Professional Conduct
What Sorts of Speech Should the Rules be Considered to Prohibit?


N.D. Ill.: Publisher and Columnist Sue State Judges for Federal Civil Rights Violations
Media Plaintiffs Seek Declaratory Judgment and Injunction
Shaw Suburban Media Group, Inc. v. Thomas

Mass.: Boston Herald Pays $3.4 Million in Libel Damages to Judge
Payment Followed State Supreme Judicial Court’s Denial of Motion for Reconsideration
Murphy v. Boston Herald, Inc.

Kan. Dist. Ct.: Update: Kansas Court Vacates Libel Damages After Plaintiff’s Death
Damage Award for Outrage Survives
Valadez v. Emmis Comm’cs, Inc.

Ohio: Supreme Court Expressly Recognizes False Light Invasion of Privacy
Potential Harm of Online Speech Cited in Support of Recognizing Tort
Welling v. Weinfeld

Idaho: Newspaper Wins Summary Judgment Over Alleged Misquote
No Evidence that Reporter Subjectively Doubted Accuracy of Quote
Clark v. Spokesman Review

Va.: Supreme Court Affirms Summary Judgment in Libel Suit Over Campaign Editorial
Editorial Was Published Without Actual Knowledge of Falsity or Recklessness
Jackson v. Hartig

Tenn. App.: Tennessee Appeals Court Analyzes Public Figure and Fair Report Issues
Libel Plaintiff an Involuntary Public Figure
Lewis v. Newschannel5

5th Cir.: Fifth Circuit Affirms Dismissal of Private Facts Lawsuit
Lawyers’ Sex Blackmail Scheme a Matter of Public Concern
Lowe v. Hearst Comm’cs, Inc.

2d Cir. Court Asks for Guidance on Jurisdiction Issue in Ehrenfeld v. Bin Mahfouz
Plaintiff is Seeking Declaration that UK Libel Judgment is Unenforceable
Ehrenfeld v. Bin Mahfouz

2d Cir.: Court Affirms No Jurisdiction Over Consumer Gripe Website
Judge Sack Gives Detailed Analysis of Jurisdictional Issues
Best Van Lines, Inc. v. Walker

Cal. Ct. App.: Online Retailer’s Libel Action Over Financial Reports Survives Anti-SLAPP Motion
Court Rejects Opinion and Lack of Actual Malice Defenses, Inc. v. Gradient Analytics, Inc.

S.D.N.Y.: Descendible Right of Publicity Rejected for Marilyn Monroe Estate
Death Occurred Before Right Was Created by Statute
Shaw Family Estate v. CMB Worldwide

N.Y.: New York Considers New Right of Publicity Law
Proposed Bill Would Create Retroactive Perpetual Right

Cal. Ct. App.: Libel Case Over Web Forum Postings Reinstated
Discussion of Soccer Coach Not a Matter of Public Interest
Joyner v.

N.Y. App. Div.: Dismissal of Libel Suit Against Newspaper and Columnist Affirmed
Article Was Opinion, but False Imputation of Homosexuality can be Defamatory
Kleptko v. Reisman

N.Y. App. Div.: New York Appeals Court Bounces Sprewell’s Libel Suit
Decision Victory for Media’s Ability to Invoke State Shield Law and Still Obtain Dismissal
Sprewell v. New York Post Holdings


2d Cir.: Court Considers Enforceability of French Copyright Judgment
Remands for Further Fact Finding
Sarl Louis Feraud Intern. v. Viewfinder, Inc

C.D. Cal.: Court Dismisses Carol Burnett’s Suit Over Family Guy Cartoon Episode
Reference to Comedienne is Fair Use
Burnett v. Twentieth Century Fox Film Corp.

11th Cir.: National Geographic CD-ROM Collection a Permitted Revision
Overrules Prior Ruling in Light of Tasini Decision
Greenberg v. Nat’l Geographic Soc’y


N.J.: New Jersey Supreme Court Rules Reporter Waived Shield Law
Authentication to Prosecutor Waived Privilege in Libel Suit
In re Verified Petition of Venezia


2d Cir.: Second Circuit Reverses FCC’s “Fleeting Expletives” Policy
Court “Doubtful” That FCC Will Overcome Broadcast Networks’ Legal Arguments on Remand
Fox Television Stations, Inc. v. FCC


U.S.: Court Rejects Student’s First Amendment Case
School Could Discipline Student for “Bong Hits 4 Jesus” Banner
Morse v. Frederick


Pa.: Court Finds First Amendment Right of Access to Juror Names
Right Does Not Extend to Jurors’ Addresses
Commonwealth v. Long

Ohio: Concealed Weapons / Concealed Permits
Controversy Over Access in Ohio

11th Cir.: Appellate Court Tells FEMA To Hand Over Addresses
Cloud Over 2004 Hurricane Relief Aid Finally Lifts
Sun Sentinel v. U.S. Dept. Homeland Security