MediaLawLetter May 2009

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SUPREME COURT

U.S.: Supreme Court Rejects Appeal Over Fleeting Expletives
Expletives Must Be Deleted – At Least for Now
FCC v. Fox Television

CONGRESS

Senators, Publishers, and Aggregators “Link Up” for Hearing on the “Future of Journalism”

INTERNET

9th Cir.: Claim Based On Broken Promise To Remove Website Content Is Not Barred By Section 230
Recovery Under Promissory Estoppel Would Not Treat Yahoo As a Publisher
Barnes v. Yahoo!

LIBEL & PRIVACY

N.Y.: Burden of Proof of Constitutional Malice is Clearly with the Plaintiff
No Evidence That Mistake Was Made With Actual Malice
Kipper v. NYP Holdings Inc.

S.D. Tex.: Crusader Against Corruption Scores Jurisdictional Victory In Internet Libel Case
No Jurisdiction in Texas Over Article Focusing on Nigerian Corruption
Orhii v. Sowore

Tex. App.: Texas Court of Appeal Finds San Antonio Express-News Articles Substantially True
Hearst Wins Summary Judgment
Hearst v. Macias

Cal. App.: Court Affirms Anti-SLAPP Ruling for Fox News
Court Cites Media’s Right to “Present Information in the Manner It Chooses”
Balzaga v. Fox News Network

Cal. Sup. Ct.: San Francisco Chronicle Wins Anti-SLAPP Motion in Public Official Defamation Case
Column Not “Provably False”; Protected as Fair Report
Brooks v. San Francisco Chronicle

Mass. Sup. Ct.: Massachusetts Newspaper Wins Dismissal of Defamation SLAPP Suit
Statute Protects Commercial Media Entities
Joyce v. The Wareham Observer

N.J.: New Jersey Supreme Court Addresses Common Law Remedy for SLAPP Suits
Attorneys Can Be Liable Under Abuse of Process Theory for Filing SLAPP Suit
LoBiondo v. Schwartz

Ga. App.: Georgia Court of Appeals Reinstates Libel Claim Against Trade Publication
Jury Should Decide Issues of Falsity and Negligence
Gettner v. VNU

Fla.: Florida Legislature Passes Bill On Non-Recognition of Foreign Defamation Judgments
After Passing Both Houses Unanimously, Bill Awaits Signature by Governor

N.J.: Libel Tourism Bill Introduced in New Jersey
Judiciary Committee Reports Out Bill to Limit Enforcement of Foreign Libel Judgments

Cal.: California Anti-Libel Tourism Bill Getting Broad Support
Bill Will Likely Reach Governor’s Desk

NEWSGATHERING & ACCESS

Tenn. Cr. Ct.: Court Rejects Effort to Limit Anonymous Internet Speech Relating to Criminal Proceeding
Murder Defendant Sought to Bar Comments on Media Websites
Tennessee v. Cobbins

N.D.N.Y.: Court Adopts “Sunshine Provision” in Sealing Order
Court Gives Date When Sealing Order Automatically Expires
United States v. Strevell

REPORTERS PRIVILEGE

Tex.: Texas Becomes Number 37 in States that have a Reporter’s Privilege

N.D. Ga.: Court Denies Effort by Journalism School Dean to Compel Disclosure of Confidential Source
Plaintiff Failed to Exhaust Alternatives and Show Information Necessary
Soloski v. Board of Regents of Univ. System of Ga.

COPYRIGHT

4th Cir.: Fourth Circuit Affirms Summary Judgment for Plagiarism Detection Service
Digital Database a Fair Use; Important Implications For New Media
Vanderhye v. iParadigms

E.D.N.Y.: Court Dismisses Claim that Swing Vote Infringed Plaintiff’s Movie Treatment
No Substantial Similarity Between Movie and Treatment
Blakeman v. The Walt Disney Company, et al.

ETHICS

Whose Life Is It, Anyway? Media Rights And The Model Rules