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January 2008

MediaLawLetter June 2008


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Ethics Corner: Close Corporation Conflicts
No Easy Answers


5th Cir.: Fifth Circuit Affirms Dismissal of MySpace “Sexual Predator” Suit
Website Not Liable For Third Party Content
Doe v. MySpace, Inc.,


D. Me.: “Parody News” Libel Suit Against Fox News Thrown Out
No Evidence of Constitutional Malice
Levesque v. Doocy

Cal. App.: Court Vacates Discovery Order In SLAPP Suit
Newspaper Suing Freelance Journalist Faces Dismissal, Fee Award
Paterno v. Superior Court of Orange County

W.D. Ky.: Kentucky Court Adopts Narrow View of Public Concern
“Troubleshooter” Broadcasts Not of Public Concern
Mackin v. Cosmos Broadcasting, Inc.

S.D. Cal.: Libel and Privacy Suit Over Online Newspaper Archive Dismissed
Report About Plaintiff’s Arrest Was True
Vanginderen v. Cornell University

E.D. Va.: Virginia Court Dismisses Libel and Trademark Claims Against Website
Complaint Over Third Party Content Fails Under Both Theories
Nemet Chevrolet v.

Vt. Sup.: Vermont Court Applies Section 230 to Dismiss Libel Claim
Provider of Interactive Computer Services Immune from Publisher Liability
Mayhew v. Dunn

D. Conn.: Court Refuses to Protect Identity of Anonymous Poster in Law Student Libel Case
Plaintiff Made “Concrete” Showing of Claim
Doe I and Doe II v. Individuals

Cal. App.: California Anti-SLAPP Statute Cannot Be Used to Challenge Subpoena
Anonymous Bloggers Can’t Recover Attorney’s Fees
Tendler v.

M.D. Pa.: Pennsylvania Court Dismisses Defamation Suit Over Online Postings
“Imprudent Tirades” Not Defamatory
Purcell v. Ewing

D.D.C.: No Jurisdiction or Defamation Claim Against Ohio Newspaper for D.C. Ex-Con
No Personal Jurisdiction; No False Statement
Copeland-Jackson v. Oslin

D.S.C.: Fair Report Privilege Protects Report of Candidate’s Arrest
News Reports Were Fair Summary of Arrest Report
Cobin v. Hearst-Argyle Television, Inc.

Wash. App.: Washington Court of Appeals Strikes Down State’s Criminal Libel Statute
State Law Failed to Require Actual Malice; Was Vague and Overbroad
Parmelee v. O’Neel

6th Cir.: Sixth Circuit Affirms Defense Verdict in Unusual Strict Liability Case
Defendant Proved Truth and Opinion
Lassister v. Lassiter

2d Cir.: Second Circuit Affirms Dismissal of Lawsuit Over Diet Book
Diet Advice and Ideas Fully Protected by First Amendment
Gorran v. Atkins Nutritionals, Inc.

D. Md.: Maryland Court Dismisses Defamation Suit Against Fox
Rejects Plaintiffs’ “Discovery Rule” Argument
Interphase Garment Solutions, LLC v. Fox Television Stations, Inc.

S.D.N.Y.: “Naked Cowboy” Has No New York Privacy Claim for M&M Ad
Can Proceed with Federal False Endorsement Claim
Burck v. Mars, Inc.


N.Y. Sup.: Trial Court Quashes Subpoena to Reporter
Testimony Was Sought in Medical Malpractice Case
In the Matter of Michael Sheehan


United Kingdom: NY Times and International Herald Tribune Win Dismissal of Libel Suits
“Abuse of Process” for Libel Suits to Go Forward in England
Mardas v. New York Times Company

United Kingdom: English Court of Appeal Upholds JK Rowling’s Son’s Breach of Privacy Claim
Murray v Big Pictures (UK) Ltd

France: Keyword Advertising in France: Supreme Court Refers Issue to Court of Justice


S.D.N.Y.: Fifteen Seconds of “Imagine” in Movie Permitted as Fair Use
Use of Song Clip in Movie Was Transformative
Lennon v. Premise Media Corp.


N.J. Super. Ct.: Court Orders Disclosure of Governor’s Emails to Ex-Girlfriend / Union Chief
Emails Are Public Records