Log in to access all content
Not a member yet?
Join MLRC today!
We provide you with essential tools to advance First Amendment and media rights, and a supportive community in which to discuss emerging legal issues and the future of communication.
Not a member yet?
We provide you with essential tools to advance First Amendment and media rights, and a supportive community in which to discuss emerging legal issues and the future of communication.
A Few High-Tech Highlights By Len Niehoff Earlier this year, the American Bar Association Commission on Ethics 20/20 submitted to the House of Delegates a number of proposals for consideration at its August, 2012 annual meeting in Chicago. Those proposals resulted from a three-year study of how technology and globalization are transforming the practice of…
By Scott D. Ponce and Charles D. Tobin In a Florida murder trial that has garnered international and national headlines, attorneys for a coalition of 17 news outlets have fought back efforts by both prosecutors and defense counsel to seal public court files. George Zimmerman is charged with second degree murder in the February death…
Media Coalition Successfully Challenged Idaho Restriction By Charles Brown On June 8, 2012, the Ninth Circuit Court reversed and remanded an Idaho District Court’s denial of a media coalition’s request for a preliminary injunction in regard to an execution which was scheduled for June 12, 2012. The Associated Press, et al. v. Otter, No. 12-35456,…
Gag Order Not in Violation of the First Amendment The Fifth Circuit this month rejected a reporter’s motion to dissolve a gag order barring prosecutors and defense lawyers in a high profile terrorism case from speaking to the press. U.S. v. Aldawsari, No. 11-10683 (5th Cir. June 11, 2012) (Higginbotham, Garza, Clement, JJ.). Aldawsari was…
By Holly Miller The Minnesota federal district court has reaffirmed a strong qualified reporter’s privilege under the First Amendment. The court granted a Motion to Quash Subpoena on Star Tribune reporter David Chanen. Keefe v. City of Minneapolis, No. 09-02941-DSD-SER (D. Minn. May 25, 2012). The order granting the motion marked the first time since…
Decision May Renew Confidential Source Clash The D.C. Circuit Court of Appeals this month reinstated the Privacy Act claim of a former federal prosecutor against the Department of Justice over the alleged wrongful leak of information about him to the Detroit Free Press. Convertino v. U.S. Dept. of Justice, No. 11-5133 (D.C. Cir. June 22,…
Defendant Lacked Credibility to Assert Protection By Kathleen A. Hirce In proceedings on remand from the New Jersey Supreme Court, self-described journalist Shellee Hale’s deposition was ordered last month by a State trial court, over Hale’s objections pursuant to the New Jersey Shield Law, N.J.S.A. 2A:84A-21. Too Much Media, LLC v. Hale, No. MON-L-2736-08 (May…
Images of Knock-off Bag Not Actionable A New York federal district court this month held that the use of a knock-off Louis Vuitton (LV) bag in “The Hangover” movie sequel was protected by the First Amendment, and therefore did not violate LV’s trademark rights. Louis Vuitton Malletier S.A. v. Warner Brothers Entertainment Inc., 2012 WL…
Fair Use Decision Likely By Ryan Fox In the latest development in the Authors Guild v. Google litigation, Judge Denny Chin, sitting by designation, denied Google’s motion to dismiss the copyright infringement claims against it in the Southern District of New York, and granted the Authors Guild’s motion for class certification. Authors Guild v. Google,…
Trademark in Titles Protected Where They Do Not “Explicitly Mislead” By Laura P. Merritt and Emily J. Zibart A federal district court in Nashville recently granted summary judgment to defendants on all claims asserted by Sam Moore, formerly of the soul music group “Sam & Dave.” Moore v. The Weinstein Company, LLC, et al., No….
Expressive Right Trumps Trademark Claim In June, the Eleventh Circuit Court of Appeals held that unlicensed artistic depictions of a university football team in paintings, prints, and calendars did not violate the Lanham Act because they were protected by the First Amendment. Univ. of Ala. Bd. Of Trs. v. New Life Art, Inc., 2012 WL…
Case Was Properly Dismissed Without Discovery By Dan Laidman A South Park parody of a popular viral video was such an obvious fair use that a judge was correct to promptly dismiss a copyright infringement claim against the show without putting its creators through burdensome discovery, the Seventh Circuit Court of Appeals has ruled. Brownmark…
New Policy Was Too Vague to Put Broadcasters on Notice By Robert Corn-Revere and Ronald G. London On June 21, 2012, the U.S. Supreme Court decided FCC v. Fox Television Stations by holding that Federal Communications Commission (FCC) decisions targeting “fleeting” broadcasts of allegedly indecent material were unconstitutional under the Due Process Clause. The decision reviewed FCC…
By M.J. Williams On June 7, 2012, Assemblywoman Helene E. Weinstein, who chairs the New York State Assembly Committee on the Judiciary, introduced legislation that would significantly reform New York’s anti-SLAPP statute. SLAPP, an acronym for “strategic lawsuits against public participation,” refers to frivolous lawsuits calculated to silence citizens who express their views on matters…
Senate Fails to Override On June 27 the New Hampshire Senate failed to override New Hampshire Governor John Lynch’s veto of Senate Bill 175, the so-called “J.D. Salinger bill” which had been requested by the Salinger family. A number of state and national media organizations, including MLRC, wrote to Governor Lynch and individual senators pointing…
Craigslist Posts Were Protected Opinion A California appellate court granted an anti-SLAPP motion striking a defamation complaint brought by a bank against a former employee who posted “rants and raves” about the bank on Craigslist.com. Summit Bank v. Rogers, No. A129800 (Cal. App. 1st Dist. May 29, 2012). In granting the motion, the court struck…
Interview Did Not Target Forum State Analyzing in detail whether the Calder effects test could be applied to exert personal jurisdiction over an out-of-state news source, a divided Indiana Court of Appeals panel recently held that merely responding to questions from a reporter is not conduct “expressly aimed” at the forum state. Davis v. Simon,…
Blog Post Was Satire; Anti-SLAPP Applies in Federal Court The D.C. federal district court this month applied the District’s new anti-SLAPP statute to dismiss libel, privacy and related claims brought over a satirical Esquire magazine blog post poking fun at a birther conspiracy book. Farah v. Esquire Magazine, Inc., 11-cv-1179 (D.D.C. June 4, 2012) (Collyer,…
Trial Judge Took Bribe to Rule Against Newspaper The Texas Supreme Court this month vacated denial of summary judgment to a newspaper following disclosure that the trial judge took a bribe in the case to rule against the newspaper. Freedom Communications, Inc., D/B/A The Brownsville Herald et al. v. Coronado, et al., (Tex. June 22,…
Download Publication LIBEL & PRIVACY Texas Supreme Court Vacates Denial of Summary Judgment Trial Judge Took Bribe to Rule Against Newspaper Freedom Communications, Inc., D/B/A The Brownsville Herald et al. v. Coronado, et al. D.D.C.: Esquire Blog Post About Birther Book Protected By D.C. Anti-SLAPP Law Blog Post Was Satire; Anti-SLAPP Applies in Federal Court…