MediaLawLetter June 2015
MLRC
From the Executive Director’s Desk
A Brief Introduction to the MLRC Staff
SUPREME COURT
Supreme Court Resolves Online Threats Case On Narrow Grounds
Leaves Legal Standards Unclear
Elonis v. United States
PRIOR RESTRAINT
S.D.N.Y.: Non-Disclosure Order to Reason.com Lifted
Time for Discussion of Grand Jury Subpoenas Seeking Information on Anonymous Commenters?
ACCESS
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
LIBEL & PRIVACY
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
REPORTERS PRIVILEGE
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
NEWS & UPDATES
M.D. Pa.: Pennsylvania’s Revictimization Relief Act Struck Down
Deemed “Manifestly Unconstitutional
Abu-Jamal v. Kane
INTERNATIONAL
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