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January 2010

MediaLawLetter May 2010


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MLRC Digital Conference A Success!
Third Annual Legal Frontiers in Digital Media Conference


N.H.: Supreme Court Enhances Newsgathering Privilege and Establishes Standard for Disclosure of Anonymous Speaker
Court Also Rejects Prior Restraint
The Mortgage Specialists, Inc. v. Implode Explode Heavy Industries, Inc.

Kan.: Kansas Supreme Court Reverses Jury Award in BTK Case
Truth a Defense to Tort of Outrage
Valadez v. Emmis Communications, et al.

N.J.: New Jersey Supreme Court Issues Sweeping Decision Bolstering Fair Report
Rejects Initial Pleading Exception to Privilege
Salzano v. North Jersey Media Group, Inc.

Tex. App.: Website That Publishes “Unfiltered Truth” Not Liable For User Comments
Section 230 Bars Libel Claims; No Facts to Support Emotional Distress Claim
Milo v. Martin

N.Y. Sup.: Publisher Loses Misappropriation Case Over Book Cover
Use of Plaintiff’s Photo on Novel Deemed “Commercial”
Yasin v. Q-Boro Holdings, LLC and Urban Books, LLC

D.N.J.: Comedian’s Schtick About In-laws Not Defamatory
Statements Were Expressions of Opinion, Not Allegations of Fact
Edelman v. Croonquist

Ill.: Court Significantly Reduces Punitive Damages In Defamation Per Se Case Rejecting Evidence Of Defendant‟s Malicious Intent
Decision Can Be Used to Establish High-Bar for Punitive Damages
Slovinski v. Elliot

Cal.: Supreme Court Narrowly Construes “Commercial Speech” Exemption to Anti-SLAPP Statute
Legal Advertisement Not Outside Scope of Protection
Simpson Strong-Tie Co. v. Gore

Mass. Sup.: A Tale of Two Issues: “Public Figure” and “Public Concern” Decided in Bifurcated Massachusetts Trial
Global NAPs, Inc. v. Verizon New England Inc.


Ga.: Georgia Passes Law to Prevent Release of Graphic Crime Scene Photos
Public Records Request from Hustler Prompts Fury
Meredith Emerson Privacy Act

Cal. Sup.: Gizmodo Search Warrant Affidavit Unsealed
Journalist’s House Searched, Computers Seized After Report on iPhone Prototype
State v. Chen


Canada: Case-by-Case Privilege for Confidential Sources
Common Law Protection Clarified and Strengthened
R v. National Post


2nd Cir.: Second Circuit Alters Copyright Injunction Standard
Circuit Finds “Catcher in the Rye” Sequel to be “A Phoney”
Salinger v. Colting

5th Cir.: Fifth Circuit Affirms Defense Verdict in Keyword Advertising Trial
Jury Found No Likelihood of Confusion to Sustain Trademark Claim
College Network, Inc. v. Moore Educ. Publishers, Inc.


N.D. Fla.: Statute Prohibiting Disclosure of Police Officer Information Unconstitutional
Plaintiff Was Arrested for Posting to
Brayshaw v. City of Tallahassee


Ethics Corner: How A Properly Drafted Engagement Letter Can Save You