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January 2007

MediaLawLetter May 2007


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Ethics: Illuminating the Intersection Between the Litigation Privilege & the Right to Privacy
Does the Litigation Privilege Apply to a Constitutionally Based Privacy Cause of Action?


Mass.: Supreme Judicial Court Affirms Verdict Against Boston Herald
Newspaper Petitions for Rehearing
Murphy v Boston Herald

D.C. Cir.: En Banc D.C. Circuit Reverses Earlier Ruling
Restores 1st Amendment Right to Publish Truthful Info Even if Source Acted Unlawfully
Boehner v. McDermott

N.H.: Court Rejects Libel-Proof Defense and Narrows Fair Report Privilege
Police Report Not Covered by Fair Report Privilege
Thomas v. Telegraph Publishing Company

Cal.: Court Upholds Constitutionality of Post-Trial Injunction in Defamation Case
Injunction Not An Impermissible Prior Restraint
Balboa Island Village Inn, Inc. v. Lemen

Cal. App.: Court Reverses $3 Million Libel Award
Judgment for Failure to Reveal Source Was Abuse of Discretion
Bohl v. Pryke

N.D. Ind.: Newspaper Wins Summary Judgment in Libel Claim Over Reports, Cartoon
Coverage of Anti-Drug Activist’s DUI Arrest Could Not Support a Libel Claim
Filippo v. Lee Publications, Inc.

Fla. Dist. Ct. App.: Newspaper Article Did Not Cost Funny Cide the Triple Crown
No Causation Between Allegedly Defamatory Article and Horse’s Loss
Funny Cide Ventures, LLC v. The Miami Herald Publishing Company

California: “Veggie Libel” Bill Defeated in California
Agricultural Disparagement Bill Defeated in the State’s Assembly Judiciary Committee
California Assembly Bill 698

S.D. Cal.: Links to Website Not Republication Under the Single Publication Rule
Change to Website Header May Constitute New Publication
Sundance Image Tech., Inc. v. Cone Editions Press, Ltd.


9th Cir.: Ninth Circuit Reinstates Housing Discrimination Suit Against Roommate Website
Divided Court Rejects § 230 Defense for User Created Profiles
Fair Housing Council v. Roommate, LLC

9th Cir.: Perfect 10 Scores a Not-So-Perfect Rating by the Ninth Circuit
Court Vacates Preliminary Injunction Over Google Thumbnails
Perfect 10, Inc. v. Google, Inc.; Perfect 10, Inc. v., Inc.

9th Cir.: Ninth Circuit Clarifies Sweep of Digital Millennium Copyright Act and CDA
Safe Harbor Rules and §230 Protect Web Host, Online Payment Company
Perfect 10, Inc. v. CCBill, LLC


Scotland: Scottish Court Rejects Attempt to Enjoin Broadcast of BBC Documentary
Public Interest Trumps Company’s Privacy Rights
Response Handling, Ltd. v. BBC


Washington: Washington State Enacts Shield Law
Bill Died in 2006 Legislative Session, but Returns to Success in 2007
Washington House Bill 1366

Fla. Cir. Ct.: Florida Death-Row Inmate Denied Testimony of Reporters
Inmate Sought Testimony to Support His Claim of Cruel and Unusual Punishment
Florida v. Lightborne


Ariz.: State Supreme Court Orders In Camera Review to Determine Access to Email Records
Court Must Determine What Constitutes a Public Record
Griffis v. Pinal County

Mass.: Massachusetts High Court Restricts Access to Jury List in Murder Trial
Juror Safety Outweighs Right of Access
Commonwealth v. Silva


Legislative Update: Media Issues Garner Hill Interest in the Beginning of the 110th Congress
Federal Shield Legislation and Freedom of Information Bills

FCC: Violence on Television
Regulating Programming from Wile E. Coyote to Shakespeare
In re Violent Television Programming and its Impact on Children

U.S.: Free Flow of Information Act of 2007
Federal Shield Bill Introduced in House and Senate