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January 2010

MediaLawLetter June 2010


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2d Cir.: Federal Court Orders Documentarian to Turn Over All 600 Hours of Raw Footage from His Film “Crude: The Real Price of Oil”
Second Circuit to Hear Expedited Appeal in Journalist’s Privilege Case
In re Chevron Corp.

D.D.C.: New Yorker Reporter Cannot Be Compelled To Testify About Interviews With Plaintiff In Anti-Terrorism Lawsuit
Court Reaffirms Qualified First Amendment Privilege for Journalists
In re Subpoena to Jeffrey Goldberg


Ill. App.: Court Rejects Heightened Standard in Pre-suit Petitions to Unmask Anonymous Internet Commenters
Decision Bucks Trend in Other Jurisdictions
Maxon v. Ottawa Publishing Co.

Ohio: Supreme Court Finds Personal Jurisdiction over Defendant in Defamation Case Involving Statements Made on the Internet
Decision Raises Questions About First Amendment Rights in the Digital Age
Kauffman Racing Equipment LLC v. Roberts

Fla.: Nonresident Blogger Can Be Sued Over Defamatory Statements Accessible and Accessed by Floridians
On Certified Question, Court Did Not Address Due Process Issue
Internet Solutions Corp. v. Tabatha Marshall

Defamation by Click: Hyperlinking and the Defense of the Single Publication Rule
Can a Hyperlink Be Defamatory?
In re Perry; Salyer v. Southern Poverty Law Center; Crookes v. Wikimedia

V.I. Super.: Court Grants Judgment as a Matter of Law in Favor of Newspaper Following Libel Case by Former Judge
Criticism of Judge Was Opinion, True and/or Privileged
Kendall v. Daily News Publishing Co.

Fla. Cir.: Trial Court Throws Out $10.1 Million Libel Verdict on Motion for JNOV
“Insufficient Proof” to Sustain Judgment for Public Official
Kennedy v. Times Publishing Co.

Congress: New Federal Libel Tourism Bill Introduced in Congress
SPEECH Act Eliminates Controversial Damages Provision
S. 1318


U.S.: Court Allows Search of Employee’s Text Messages
Review of Employee’s Texts Was Reasonable under the Fourth Amendment
City of Ontario v. Quon


UK: The Other Side of the Pond: Updates on UK Law Developments
Libel Law Reform, Jury Trials, Defamatory Meaning
Fiddes v. Channel Four Television; Ajinomoto v. ASDA; Spiller v. Joseph, etc.

Canada: Supreme Court Upholds Mandatory Ban on Bail Hearings
Fair Trial Right Justifies Limiting Public Access to Information
Toronto Star v. Canada

Canada: Supreme Court Recognizes Limited Right to Access Government Documents
Limited Right Where Access Is Necessary to Permit “Meaningful Discussion”
Ontario v. Criminal Lawyers‟ Association

Italy: Google Executives Convicted in Italy for Privacy Law Violation
Google Held Responsible for Uploaded Video


2d Cir.: Second Circuit Delineates Parameters of Law Enforcement Privilege
Denies Discovery of Police Intelligence Reports
Dinler et al. v. City of New York

Pa. App.: Court Establishes Broad Definition of Government Function for Records Disclosure
Private Contractors Necessarily Carry Out Governmental Function
East Stroudsburg University Foundation v. Office of Open Records

N.J. App.: NJ League of Municipalities Not Subject to Open Public Records Law
Association for Municipalities Does Not Provide Governmental Services
Fair Share Housing Center, Inc. v. NJ State League of Municipalities


Md.: Maryland Ordinance Banning Fortunetelling Violates First Amendment
Fortunetelling Not Inherently Fraudulent
Nefedro v. Montgomery County


Ethics Corner: What Does It Mean to Be a “Partner”?