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April 2014

MediaLawLetter March 2014

PUBLICATION:

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MLRC

MLRC Miami Conference Explores Challenges and Opportunities in Cross-Border Publishing
Legal Issues Concerning Hispanic and Latin American Media

INTELLECTUAL PROPERTY

Ninth Circuit Orders Take-Down of “Innocence of Muslims” Video
Novel and Controversial Application of  Copyright Law
Garcia v. Google

2d Cir.: Circuit Affords Protection to News Organizations That Report on Copyrightable Material
Publication of Content of Analyst Call Fair Use
Swatch Group Management Services Ltd. v. Bloomberg L.P.

LIBEL & PRIVACY

Virginia Supreme Court Affirms JNOV for Virginian-Pilot Newspaper
Court Analyzes Defamation by Implication Standards
Phillip Webb v. Virginian-Pilot

Pa. C.C.P.: Doctor Awarded $2 Million in Libel Trial Against Pennsylvania Newspaper
Newspaper to Appeal on Proof of Falsity and Implication Grounds                   
Menkowitz v. Peerless Publications

Pa. Super.: Court Orders Third Trial in Long-Running Newspaper Libel Case
Holds Trial Court Erred on Proof of Damages Issues
Joseph v. The Scranton Times

Mass. Super.: Activist Wins $563,000 Defamation, Negligent Infliction Emotional Distress Verdict
Almost All Damages for Emotional Distress
Marinova v. Boston Herald

Mass. Super.: Libel Suit Over “Bag Men” New York Post Report Survives Motion to Dismiss
Paper Implied Men Were Suspects; Fair Report Privilege Rejected
Barhoum v. NYP Holdings, Inc.

Tex. App.: Texas Court Affirms Dismissal of Libel Case Against New York Times
Plaintiff Failed to Show Actual Malice
Darby v. The New York Times Company

Colo. Dist.: Colorado Court Dismisses Libel Case Against Homicide Hunter Program
Crime Reenactment Was Substantially True
Cooley v. Kenda

Ariz. Cir.: Emotional Distress Suit Over Suicide Broadcast Dismissed
Claim Barred by First Amendment
Rodriguez v. News Corporation

M.D. Fla.: Mugshot Website Entitled to Five-Day Notice of Defamation Suit
Website a “Media Defendant” Under Florida Notice Law
Intihar v. Citizens Information Associates

Illinois Supreme Court Strikes State Eavesdropping Law As Unconstitutional
Statute Overbroad Under the First Amendment
People v. Clark / People v. Melongo

D.C. Super.: ‘L’etat C’est Moi’ Is Not a Concept Recognized by Tort Law
To Unmask Informant, Corporation Must Show Actual Business Harm
Solers, Inc. v. John Doe

Fifth Circuit Issues First Texas Anti-SLAPP Decision
Court’s Ruling Leaves Dentist Smiling, Questions Unanswered
NCDR, L.L.C. v. Mauze & Bagby

INTERNATIONAL

Australia: The Development of Shield Laws in Australia and the Growing Quest for Journalists’ Sources

NEWSGATHERING

NTSB: Judge Shoots Down Drone Regulation in Photographer’s Case
FAA Immediately Appeals Ruling
Huerta v. Pirker

NEWS AND UPDATES

M.D. Fla.: Court Rules Lawyer’s $1 Million Challenge Didn’t Create Unilateral Contract
Unedited Dateline Interview Showed No Contract Was Made
Kolodziej v. Mason

A VIEW FROM THE INSIDE — MLRC’s NEW COLUMN FROM IN-HOUSE COUNSEL

Keeping Communications Confidential

ETHICS

Ethics, Aspirations, and the Animal House Standard