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January 2009

MediaLawLetter March 2009


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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.


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.


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


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


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


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


Ethics: Return to Sender?
The Dilemma of Inadvertent Disclosure