MediaLawLetter March 2009

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LIBEL & PRIVACY

D. Haw.: Surfer Magazine and Author Win Libel Trial in Hawaii
Jury Finds No Falsity
Chapman v. Journal Concepts, Inc.,

1st Cir.: First Circuit Rejects Rehearing in Noonan v. Staples
Staples Waived Constitutional Objections to Qualified Truth Defense

1st Cir.: First Circuit Affirms Summary Judgment Dismissal of Libel and Privacy Claims Against Fox News
No Constitutional Malice
Levesque v. Doocy

Md.: Court Adopts Rigorous Test For Unmasking Anonymous Internet Posters
Adopts 5-Part Test Based on Dendrite Standards
Independent Newspapers v. Brodie

Ark.: Supreme Court Holds That Fair Report Privilege Applies to Information Inadvertently Released by Police
Rejects Argument that Press Investigate Source of Information
Whiteside v. Russellville Newspapers, Inc.

Fla. Cir. Ct.: Court Tosses Golfer’s Defamation Action
Truth, Opinion and Lack of Malice Protect Newspaper
John P. Daly v. Morris Publishing Group, LLC d/b/a The Florida Times-Union

S.D.N.Y.: Report On Consumer Affairs Investigation Is Privileged
Protected as Fair Report of Official Proceeding
Test Masters Educational Services, Inc. v. NYP Holdings, Inc.

W.D. Pa.: Federal Court Dismisses Privacy Claims Over Google “Street View” Map
Plaintiffs Failed to State Any Claims
Boring v. Google, Inc.

Cal. Sup. Ct.: Judge Grants Dr. Phil’s Motion To Strike Under California Anti-SLAPP Statute
Plaintiff Claimed Show Was Edited to Create False Impression
Riccio v. McGraw

Cal. App.: “Communist” Still Capable of Defamatory Meaning
Court Affirms Denial of Anti-SLAPP Motion
Nguyen-Lam v. Cao

Cal. App.: Court Affirms Summary Judgment Dismissing Contract, Fraud and Privacy Claims Against Reality Show
Release Bars Orphans’ Privacy Claims
Higgins v. Disney/ABC International Television, Inc.

REPORTERS PRIVILEGE

N.D. Ga.: Another Sign of Apocalypse?
Journalism School Dean Seeks Federal Court Order to Compel Georgia Journalist to Identify Confidential Source
Soloski v. Board of Regents of Univ. System of Ga.

INTERNATIONAL

ICT: International Criminal Tribunal Backs Reporter’s Privilege
Special Court for Sierra Leone Rules Journalist Cannot Be Compelled to Identify Military Personnel Who Facilitated His Reporting
Prosecutor v. Taylor

ECHR: European Court of Human Rights Declines to Apply Single Publication Rule to Newspaper’s Online Archive
No Prejudice Under Facts of Case
Times Newspapers v. United Kingdom

SUPREME COURT

US: Privately Funded Monuments On Government Property Not Subject To Free Speech Analysis
Monument in Public Park a Form of Government Speech
Pleasant Grove City, Utah v. Summum

COPYRIGHT

S.D.N.Y.: Sheppard Fairey Challenges AP – AP Fights Back To Protect Photojournalism
Is Use of AP’s Obama Photo Fair Use?
Fairey v. Associated Press

NEWS & UPDATES

FTC: FTC Rescinds Mirror Image Doctrine
Ends “Advertising in Books” Enforcement Policy

E.D. Va.: APIAC Case Update: 4th Circuit Upholds Classified Info Procedure for Pending Trial
But Trial Court Refuses to Defer to Government on Classification
U.S. v. Rosen

2d Cir.: First Amendment Challenge to Restaurant Chain Calorie Disclosure Law Rejected
Health Code Permissible Restriction of Commercial Speech
New York State Restaurant Association v. New York City Board of Health

MLRC

Ethics: Return to Sender?
The Dilemma of Inadvertent Disclosure