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June 2014

MediaLawLetter June 2014


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Supreme Court Rules Aereo Violates Public Performance Right
Majority Addresses Aereo’s Technology Narrowly
American Broadcasting Cos., Inc. et al. v. Aereo Inc.

Keeping the Courthouse Door Open to First Amendment Challenges
Supreme Court Reverses the Sixth Circuit
SBA List v. Driehaus


6th Cir.: Section 230 Protects Website
Jury Verdict for ex-Cheerleader Vacated
Jones v. Dirty World Entertainment Recordings LLC

D.C. Cir.: Court Affirms Dismissal of Complaint Against Facebook
Section 230 Bars Claim for Fear of Harm
Klayman v. Zuckerberg and Facebook, Inc.


N.Y. App.: Court Adopts “Endorsed or Intended” Threshold Test for Libel by Implication
Court Resolves Open Question on Applicable Standard
Stepanov v. Dow Jones & Co., Inc.

Md. App.: Court Affirms Dismissal of Defamation Claims By Former Russian Official and His Company
Plaintiff Sued Journalism Non-Profit
Stepanov v. Journalism Dev. Network, Inc.

D.N.J.: New Jersey Federal Court Dismisses Defamation Case Over Movie
Film Not “Of and Concerning” Plaintiffs
DeGroat v. Cooper

N.Y. Sup.: Book Publisher Wins Summary Judgment in Libel Suit by Cryonics Company
No Evidence of Actual Malice
Alcor Life Extension Foundation v. Johnson

Colo. App.: Colorado Jury Defamation Verdict Reversed
Obscure Literary Reference Not Defamatory
Zeuger v. Goss

N.Y. Sup.: Decision Protects Author’s Speculation on Paternity as Opinion Based on Disclosed Facts
Speculation About Murky Events Was Protected Opinion
Oleniak v. Slaton

Tex. App.: Texas Broadcaster Wins Anti-SLAPP Motion
Statute Applies in Federal Court
Williams v. Cordillera Communications, Inc.


Oklahoma Enacts New Anti-Slapp Statute
Revised Law Modeled After Texas’s Broad Statute
Oklahoma Citizens Participation Act


2d Cir.: Universities Do Not Violate Copyright By Scanning Their Library’s Books
Searchable Index a Transformative Use
Authors Guild, Inc. v. HathiTrust

D. Colo.: Court Holds That First Amendment Protects Use of Couple’s Engagement Photo in Mailers
But Plaintiffs Stated Copyright Infringement Claim
Hill, et al. v. Public Advocate of the United States


European Court of Justice Confirms That Internet Browsing Is Not a Copyright Violation
Latest Decision in UK Meltwater Dispute
Relations Consultants Association v Newspaper Licensing Agency

Australia: Damage Award in Australian Restaurant Review Libel Case on Appeal
Long-Running Coco Roco Restaurant Review Case Continues
Gacic v John Fairfax Publications Pty Ltd


Colo. Dist.: Court Rejects Parties’ Request to Close Voir Dire In the Aurora Theater Shooting Case
Media Coalition Opposed Closure
People v. Holmes

Ga.: Court Holds Execution-Participant Confidentiality Statute Is Constitutional
Cites “Longstanding Tradition” of Hiding Identity of Executioners
Owens, et al. v. Hill


1st Cir.: Gericke v. Weare: Advancing a Clearly Established Right or Does It?
Filming Traffic Stop Was Exercise of Clearly Established Right
Gericke v. Weare