MediaLawLetter March 2012

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LIBEL & PRIVACY

1st Cir.: First Circuit Lays Down the Gauntlet in Pleading Actual Malice
Affirms Dismissal of Candidate’s Libel Claim for Failure to Adequately Plead Fault
Schatz v. Republican State Leadership Cmte.

D.D.C.: Iqbal and Twombly Applied to Dismiss Libel Claim
Conclusory Allegations of Actual Malice Insufficient to State a Claim
Parisi v. Sinclair

9th Cir.: Denial of Nevada Anti-SLAPP Motion Not Appealable in Federal Court
Statute Creates Immunity from Liability Not Immunity from Suit
Metabolic Research, Inc. v. Ferrell

D.D.C.: D.C. Anti-SLAPP Law Not Applicable in Federal Court
District Court Rejects Precedent from First and Ninth Circuits
3M Company v. Boulter

NJ: New Jersey Supreme Court Reaffirms High Bar to Prove Reckless Disregard
No Actual Malice on Mistaken Headline about SEC Charges
Durando v. The Nutley Sun and North Jersey Media Group Inc.

NM: Proof of Injury to Reputation Required Under New Mexico Libel Law
Significant New Mexico Libel Decision
Smith v. Durden

Ind. App.: Indiana Appellate Court Adopts Test Protecting Anonymous Internet Speech
Court Adopts Modified Dendrite Test
In re Indiana Newspapers, Inc.

NY App.: Celebrity Midwife’s Libel Suit Dismissed
Recorded and Published Admissions Support Truth of Article
Muhlhahn v Goldman et. al.

INTELLECTUAL PROPERTY

S. Ct.: Supreme Court Upholds Congress’s Right to Restore Copyright Protection to Public Domain Works
Majority Rejects First Amendment and “Limited Time” Challenges
Golan v. Holder

S.D.N.Y.: Court Dismisses Trademark and Related Claims by “The Naked Cowboy” against CBS and Bell-Phillip Television
Naked Cowboy, d/b/a Naked Cowboy Enters. v. CBS and Bell-Phillip Television
No Trademark Use of Term “Naked Cowboy

S.D.N.Y.: Court Dismisses Trademark Claims Against Hearst Title O Magazine on Trademark Use and Fair Use Grounds
Kelly-Brown v. Winfrey

D. Mass.: Federal Court Dismisses Copyright and Misappropriation Claims against The Cartoon Network
Rule 12(b)(6) Motion Granted Where No Protectible Elements at Issue
McGee v. Benjamin

INTERNATIONAL

UK: Reynolds Given a Shot in the Arm by UK Supreme Court
Decision Bolsters Responsible Journalism Defense
Flood v Times Newspapers Limited

Philippines: United Nations Human Rights Committee: Philippine Criminal Libel Law Violates Freedom of Expression
Broadcaster Was Jailed for Two Years
Case of Alex Adonis

NEWSGATHERING

Ill.: Illinois’ Strict Eavesdropping Law Under Attack in Courts and Legislature
Is Prohibition on Recording Law Enforcement Officers Constitutional?

4th Cir.: Photojournalist Loses Privacy Protection Act Case
Probable Cause Existed to Search Photographer’s Home
Sennett v. United States

PRIOR RESTRAINT

Ind. App.: Newspaper Defeats Attempted Prior Restraint
State Attorney General Withdraws Emergency Appeal at Eleventh Hour