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July 2015

MediaLawLetter June 2015


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From the Executive Director’s Desk
A Brief Introduction to the MLRC Staff


Supreme Court Resolves Online Threats Case On Narrow Grounds
Leaves Legal Standards Unclear

Elonis v. United States


S.D.N.Y.: Non-Disclosure Order to Lifted
Time for Discussion of Grand Jury Subpoenas Seeking Information on Anonymous Commenters?


N.D. Ill.: Historian Wins Release of Grand Jury Records of Espionage Investigation of Chicago Tribune
WW II Investigation Was First and Only Effort to Prosecute Major Newspaper for Espionage
Carlson v. United States

Witness for the Press
A Few Thoughts on the Gentle Art of Testifying Before Congress

Next Generation: Facing Public Records Concerns, Cuomo Abandons Email Purge Policy
Policy Would Likely Have Violated FOIL and Leaves Lingering Issues


Pa.: Supreme Court Hears Two Newspaper Cases
Joseph v. The Scranton Times; Castellani and Corcoran v. The Scranton Times

N.J.: Presumed Damages Suffer Further Blow in New Jersey
Private Plaintiffs Cannot Seek Both General Damages And Presumed Damages
NuWave Investment Corp. v. Hyman Beck & Co.

Ky. Cir.: Court Applies Libel-Proof Plaintiff Doctrine
First Kentucky Decision to Explicitly Recognize Libel-Proof Doctrine
Gunn v. WKYT-TV

9th Cir.: Prosecutor’s Blog and Tweets Not State Action
No Connection Between Official Duties and Online Political Commentary
Naffe v. Frey

E.D. Mo.: BBB Wins Injurious Falsehood, Tortious Interference Claim Over Consumer Warning
Statements Not “Of and Concerning Plaintiff; Protected Opinion
Others First, Inc. v. The Better Business Bureau of Greater St. Louis

Minn. App.: Another One Bites the Dust
Minnesota’s Criminal Libel Law Struck Down
Minnesota v. Turner


Fla. Cir.: Court Applies Privilege To ABC News Outtakes In Murder-For-Hire Case
Court Also Denies Defense Bid for In Camera Review
State v. Luongo


M.D. Pa.: Pennsylvania’s Revictimization Relief Act Struck Down
Deemed “Manifestly Unconstitutional
Abu-Jamal v. Kane


ECHR Grand Chamber Confirms Liability of Online News Portal for Offensive Comments Posted by Readers
Delfi v. Estonia

Other Side of the Pond: Updates on English and European Media Law
Emotional Distress Claims; Phone Hacking Damages; Delfi and More
Rhodes v. OPO; Gulati v. MGN Limited; Delfi; Stocker v. Stocker; BUQ v HRE