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October 2011

MediaLawLetter March 2011


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U.S.: It’s All Over But The Shouting
Despite Early Mixed Signals, Eight Justices Vote to Protect Funeral Protests
Snyder v. Phelps

U.S.: Court Limits Two Federal Freedom of Information Act Exemptions
In Separate Opinions, Grammar and Ordinary Meaning Rule as High Court Rejects Corporate “Personal Privacy” and “High 2”
Federal Communications Commission v. AT&T Inc.; Milner v. Department of the Navy

U.S.: Court to Consider Whether Restoration of Certain Foreign Copyrights Violates Copyright Clause or First Amendment
Court Took Case despite Solicitor General’s Objection
Golan v. Holder


N.D. Ill.: Snyder Applied To Dismiss Right of Publicity Claim In Reality TV Case
Plaintiff’s Arrest a Matter of Public Concern
Best v. Malec

Mass. App.: Newspaper Articles about Prisoner’s Online Personal Ads Not Libelous
Articles Not Actionably False; Plaintiff a Limited Purpose Public Figure
LaChance v. Boston Herald, Inc.

N.Y. Sup.: Court Dismisses Defamation and Privacy Claims Based on Publication of Youth’s Photograph with Article on Gangs
Newspaper was not Grossly Irresponsible as Photo had Journalistic Connection
Knutt v. Metro International, S.A.

Tex. App.: CBS Wins Appeal in Defamation Case
Broadcast about Doctor Was Substantially True
Neely v. Wilson

Mich.: Michigan Supreme Court Sings Dr. Dre’s Song after Decade of Litigation
Rapper Did Not Violate Eavesdropping Statutes by Filming Police
Bowens v. Young

N.Y. Sup.: Snyder v. Washington City Paper
Legitimate Defamation or Empty Intimidation Tactic?

N.Y. Sup.: Court Dismisses Idea Theft and Slander Claims in Kids Cookbook Dispute
Idea for Book Not Novel; Criticism of Plaintiff Protected Opinion
Lapine v. Seinfeld, HarperCollins

2d Cir.: Court Affirms Dismissal of First Amendment Retaliation Claim
Per Se Defamation Does Not Satisfy “Actual Chilling” Requirement
Zherka v. Amicone


2d Cir.: Second Circuit Preserves Gonzales Journalist’s Privilege In Face of Sixth Amendment Rights
Court Considered Novel Issue of Scope of Journalist’s Cross Examination
U.S. v. Treacy

Colo. Dist.: Court Quashes Subpoena to TV Station for IP Address in Murder Case
First Amendment Shielded News Source’s IP Address
People of Colorado v. Adan Viveros


E.D. Va.: Twitter Must Disclose Subscriber Records in Wikileaks Criminal Investigation
Request for Records Does Not Raise First or Fourth Amendment Issues
In re Application of the U.S. For an Order Pursuant to 18 USC 2703(d)


D. Ariz.: Court Unseals Search Warrant Materials in Giffords Shooting Case
Qualified First Amendment Right of Access
United States v. Loughner


France: French Court Dismisses Criminal Libel Case between Academics
Using Criminal Proceedings in a Defamation Case Is Not Without Risk
France v. Weiler


Newspaper v. Judge = Recusal?
It Takes More than Some Bad Press to Force His Honor to Step Aside

Tatgenhorst v. WBBM-TV
Cal. App. Appeals Court Calls for Eliminating Appeals from Denials of Anti-SLAPP Motions