MediaLawLetter June 2012

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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
Farah v. Esquire Magazine, Inc.

Ind. App.: No Personal Jurisdiction Over Out-of-State News Source
Interview Did Not Target Forum State
Davis v. Simon

California Appellate Court Strikes Down Bank Rumor Statute
Craigslist Posts Were Protected Opinion
Summit Bank v. Rogers

New Hampshire Governor Vetoes Right of Publicity Bill
Senate Fails to Override

N.Y.: Assembly Judiciary Committee Chair Sponsors Significant Expansion And Toughing Of New York’s Anti-Slapp Law
Bill Would Increase Scope of Statute

SUPREME COURT

Unanimous Supreme Court Invalidates FCC’s “Fleeting Expletives” Indecency Decisions and Denies Review of Invalidated Super Bowl Fine
New Policy Was Too Vague to Put Broadcasters on Notice
FCC v. Fox Television Stations

INTELLECTUAL PROPERTY

Seventh Circuit Affirms South Park Parody Video Was Fair Use
Case Was Properly Dismissed Without Discovery
Brownmark Films, LLC v. Comedy Partners

11th Cir.: Artist’s Depictions of College Football Team Protected By First Amendment
Expressive Right Trumps Trademark Claim
Univ. of Ala. Bd. Of Trs. v. New Life Art, Inc.

M.D. Tenn.: Court Rejects “Soul Man” Singer’s Claims Based on “Soul Men” Movie and Soundtrack
Trademark in Titles Protected Where They Do Not “Explicitly Mislead”
Moore v. The Weinstein Co., LLC, et al.

S.D.N.Y.:  Google Books Update: S.D.N.Y. Denies Google’s Motion to Dismiss, Grants Class Certification to Authors Guild
Fair Use Decision Likely
Authors Guild v. Google, Inc.; American Society of Media Photographers, et al. v. Google, Inc.

S.D.N.Y.: Trademark Lawsuit Over Hangover II Dismissed
Images of Knock-off Bag Not Actionable
Louis Vuitton Malletier S.A. v. Warner Brothers Entertainment Inc.

REPORTERS PRIVILEGE

N.J. Super.: Self-Described Journalist’s Shield Law Claim Rejected
Defendant Lacked Credibility to Assert Protection
Too Much Media, LLC v. Hale

D.C. Cir.: Court Reinstates Privacy Act Claim Against DOJ Over Leak to Newspaper
Decision May Renew Confidential Source Clash
Convertino v. U.S. Dept. of Justice

Minnesota Federal District Court Reaffirms Strong Reporter’s Privilege Under the First Amendment
Quashes Subpoena to Star Tribune Reporter
Keefe v. City of Minneapolis

ACCESS

5th Cir.: Court Rejects Reporter’s Motion to End Terror Trial Gag Order
Gag Order Not Over Broad; Not in Violation of the First Amendment
U.S. v. Aldawsari

9th Cir.: Execution Must Be Open to the Press
Media Coalition Successfully Challenged Idaho Restriction
The Associated Press, et al. v. Otter

Fla. Cir.: Media Coalition Keeps Court Records Open in Trayvon Martin Shooting Prosecution
Prosecution and Defense Sought to Seal Court Files
Florida v. Zimmerman

ETHICS

Proposed Changes in the Ethics Rules
A Few High-Tech Highlights