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October 2011

MediaLawLetter June 2011


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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


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 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.


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