MediaLawLetter June 2011
U.S.: Court Strikes Down Law Regulating “Violent” Video Games
Stirring Reaffirmation of the First Amendment
Brown v. Entertainment Merchants Ass’n.
U.S.: Court Resolves Circuit Split on Publication and Marketing Use of Pharmaceutical Records
Stops Just Short of Tearing Down Barrier Between Core Speech and Commercial Speech
3rd Cir.: Third Circuit Rules Cropping Photo Credits Violates the DMCA
Defendants Seek Rehearing En Banc
Murphy v. Millennium Radio Group LLC
FCC Releases Report on “The Information Needs of Communities”
“Future of Media” Report Credits Broadcast News, Proposes Modest Regulatory Change
LIBEL & PRIVACY
Fla. Cir.: Judge Grants Directed Verdict to Beasley Broadcasting in Shock Jock Case
Plaintiff Failed to Show Damages
Doe v. Beasley Broadcasting Group Inc.
NY: High Court Adopts Broad Reading of Section 230 Immunity
Website Operators “Are So Not Afraid”
Shiamilli v. Real Estate Group of New York, Inc.
NY App.: Court Refuses to Order Disclosure of Identity of Emailer
Online Communications: Hyperbole, Rhetoric or Not?
Sandals Resorts International v. Google
C.D. Cal.: Consumer Complaint Website Protected by Section 230
RipoffReport.com Not Liable for User Comments
Asia Economic Institute v. Xcentric Ventures
D. Ariz.: Gossip Website Wins Summary Judgment
Private Facts and False Light Claims Dismissed
Dyer v. Dirty World, LLC
S.D.N.Y.: Court Dismisses Claim against Al Jazeera for Reporting on Hezbollah Missile Strikes
News Reporting Is Not Terrorist Activity
Kaplan et al. v. Al Jazeera
Utah Cir.: Negligence Claim Over Google Map Directions Dismissed
No Duty of Care to Injured Pedestrian
Rosenberg v. Harwood
Ariz. Super.: College Ordered to Disclose Hundreds of Email Records Relating to Tucson Shooter
FERPA Does Not Trump Public Records Law
Phoenix Newspapers v. Pima Cmty. Coll.
Cal. App.: Court Rules in Favor of Public Access
Common Law Right of Access Applies to State Bar Data
Sander v. State Bar of California
Colo.: Governor’s Cell Phone Calls Not Public Under State Open Records Law
Official Calls on Personal Phone Not Covered by Statute
Denver Post Corp. v. Ritter
3rd Cir.: Students’ Off-Campus Web Posts Protected Speech
Student Discipline, Social Networking and the First Amendment
Layschock v. Hermitage School Dist.; J.S. v. Blue Mountain School Dist.
NEWS & UPDATES
9th Cir.: Whistleblower Provision of Sarbanes-Oxley Does Not Cover Leaks to Media
Act Only Protects Disclosure to Specifically Enumerated Recipients
Tides v. The Boeing Company