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January 2009

MediaLawLetter June 2009


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11th Cir.: Eleventh Circuit Reinstates Right of Publicity Claim Rejecting Newsworthiness Defense
Court Requires “Substantial Relevance” to Matter of Legitimate Public Interest
Benoit v. LFP Publishing, Inc., dba Hustler Magazine

D.N.M.: Federal Court Denies Summary Judgment to CBS on Libel Claim
Government Purchasing Agent Not a Public Official; Sufficient Evidence of Actual Malice
Anaya v. CBS Broadcasting

Utah: Utah Supreme Court Limits State Anti-SLAPP Statute
Newspaper Editorial Too General to Fall Within Ambit of Statute
Jacob v. Bezzant

Congress: House of Representatives Passes Bill to Limit Enforcement of Foreign Libel Judgments
Publishers Group Seeks Stronger Version
H.R. 2765

Fla.: Florida Governor Signs Libel Tourism Bill
Statute Limits Enforceability of Foreign Libel Judgments
HB 949

Haw.: Libel Tourism Bill Dies in Hawaii Legislature
Bill Stalled in State Senate
HB 130

S.C. Com. Pleas: Lawyer Wins $40,000 Judgment Against South Carolina Alternative Newspaper
Article About Divorce Case Referred to “Two-Bit Lawyers”
West v. Morehead

Cal. App.: Court Affirms Denial of Anti-SLAPP Motion
Use of Plaintiff’s Photo in Documentary Not Within Scope of Statute
Whitaker v. A & E Television Networks et al.

Tex. App.: Online Journalist Wins Summary Judgment on Interlocutory Appeal
Court Rejects Argument that Statute Does Not Apply to Online Reporters
Kaufman v. Islamic Society of Arlington


E.D.N.Y.: Federal Judge Refuses To Enjoin Publication Of Photographs Of Public Official’s “Perp Walk”
Court “Troubled” By Images, But Won’t Instruct Press on Newsworthiness
U.S. v. Corbin


Ill. Cir. Ct.: Illinois Court Considers Whether Shield Law Applies to Online Posters
Prosecution Allowed to Obtain ID of Two Posters Who Discussed Murder Case
Alton Telegraph v. Illinois

D. Nev.: Prosecutor in Nevada Subpoenas Newspaper for Identity of Online Posters
Sought IDs of Over 100 Posters Who Commented on Tax Evasion Case
In re Grand Jury Subpoena to Las Vegas Review Journal


Canada: Fresh Winds from the North
Developments in Canadian Media Law


Neb.: Supreme Court Allows Access to Burial Records
Court Ends Century Long Ban on Access to Burials at Mental Hospital
State Ex Rel. Adams Cty. Historical Soc. v. Kinyoun

D.D.C.: Court Denies Government Request for Blanket Sealing of Factual Returns in Gitmo Habeas Cases
Public Has First Amendment Right of Access to Records of Habeas Proceedings
In re Guantanamo Bay Detainee Litigation

Ky. Cir. Ct.: Court Orders Kentucky State Police To Provide Sex Offender
Database And To Pay Newspaper’s Costs And Fees
Commonwealth of Kentucky v. Courier Journal

N.D. Cal.: Federal Court Dismisses News Photographer’s Claim Over Arrest
No Right to Take Photos at Closed Accident Scene
Chavez v. City of Oakland


Comment: Little Is “Fair” in Love and War 30
News Aggregation and Fair Use – A Response

Bing’s Video Preview Feature Stretches Fair Use – But Too Far?


U.S.: Supreme Court to Decide Whether Restrictions on “Debt Relief Agencies” Violate First Amendment
Eighth Circuit Held Statute Violated Lawyers’ Right to Advise Clients
Milavetz, Gallop, & Milavetz, P.A., et al.

U.S.: Supreme Court Orders Reargument in Campaign Finance Case
Court Will Consider Overruling Restrictions on Corporations and Labor
Citizens United v. F.E.C.


Corporate Counsel as Ambulance Chaser?
Ethical Rules Prohibit In-Person Solicitation of Non-Party Employees