MediaLawLetter May 2011
Download Publication MLRC Mobile Technology Headlines MLRC Digital Media Conference Fourth Annual Legal Frontier’s in Digital Media Conference at Stanford University MLRC London Conference September 19-20, 2011International Developments in International Media Libel, Privacy, Newsgathering andNew Media IP Law LIBEL & PRIVACY 9th Cir.: Divided Ninth Circuit En Banc Panel Allows Idea Submission Claim to Proceed…
Dallas Court of Appeals Affirms Trial Court’s Order Unsealing Arbitration Award
The Dallas Court of Appeals recently affirmed the trial court’s judgment in favor of Kevin M. Weiss, who sought to unseal the favorable, confirmed arbitration award in a dispute with his former employer, McAfee, Inc. McAfee, Inc. v. Weiss, 2011 WL 904402 (Tex.App.—Dallas, March 16, 2011) (No. 05-09-01102-CV). Weiss was formerly president of McAfee, which…
U.S. Magistrate Judge Denies Motion to Gag Trial Participants in Civil Rights Case Brought By the Southern Poverty Law Center
Federal magistrate Judge Andrea M. Simonton, finding no threat to fair trial rights and therefore no violation of local court or state bar rules, denied a private youth prison contractor’s motion to gag Southern Poverty Law Center’s lawyers (SPLC) in litigation alleging constitutional violations against juveniles by the prison guards. D.S.I. v. Slattery, Case No….
Florida Appellate Court Strikes Down Confidentiality Agreement Imposed on News Organizations in High Profile Murder Case
A Florida appellate court struck down a confidentiality agreement, implemented by the trial judge in a high profile capital murder case, which conditioned the early notice of the location of jury selection proceedings upon the media’s agreement to confidentiality. WPTV-TV v. State v. Casey Anthony, No. 5D11-1452, slip op. (Fla. 5th DCA May 6, 2011)….
California Appellate Court Shines Light on Public Employee Pensions as Fiscal Tsunami Heads for Coast
Public employee pensions are a fiscal tsunami which threaten to swamp many state and local governments. Nowhere is that more true than in California, where a $425 billion funding shortfall for three state pension systems, and a $200 billion shortfall for local government pension systems is tarnishing the Golden State’s luster. It’s against that background…
FOIA Exemption 2 After Milner: A Department of Justice Roadmap
Using the dicta in Milner v. Department of the Navy, 513 S. Ct. 1259 (2011) like the step-by-step directions on MapQuest, the Department of Justice issued a Freedom of Information Act (FOIA) Guidance (Guidance) to federal agencies early in May explaining the March 7, 2011 Supreme Court decision and offering advice for utilizing some of…
Maryland Court Quashes Subpoena to TV Journalist for Testimony Concerning Broadcast on Locksmith’s Business Practices
A Maryland trial court last month quashed a subpoena issued by the state Attorney General’s Consumer Protection Division to a television journalist seeking testimony about his station’s investigation of a locksmith’s practices. WMAR-TV, a Scripps Broadcasting station in Baltimore, has been following the state’s consumer protection proceedings against Joseph M. Horton, who runs his business…
Court Rejects Murder Defendant’s Subpoena for Outtakes
Relying upon the state’s journalist’s shield statute, a North Carolina state trial court rejected a murder defendant’s subpoena for the production of twenty hours of outtakes shot by the producers of The First 48 television show in connection with its coverage of the investigation of a drug-related killing. The court expressly rejected the defendant’s contention…
French Court Dismisses Criminal Libel Case Against The Observer
Following an article entitled “America’s New Vogue for Black Fashion is all due to Michelle Obama” published in the British weekly newspaper The Observer and on the website www.guardian.co.uk, Yves Saint Laurent and its creative director, Stefano Pilati, initiated legal action for defamation before the Paris District Court against the author of the article, who…
Artistic Freedom Prevails Over Intellectual Property Rights in Dutch Case
A Dutch District Court gave an interesting judgment in a case in which the IP-rights of fashion giant Louis Vuitton clashed with the free speech of Danish artist Nadia Plesner. In its ruling, the Court seems to extend the ECHR-rule that the limits of acceptable criticism are wider for public figures and large public companies…
Other Side of the Pond: Updates on UK and European Media Law
By David Hooper The trouble really started with Carter-Ruck’s attempt to muzzle what could be raised in Parliament about the Trafigura case. A committee of lawyers practising in this field was set up in April 2010 under Lord Neuberger, the Master of the Rolls, the senior judge in the Court of Appeal. That produced a…
Press Not Required to Give Pre-Publication Notice To Subjects of News Stories
On May 10, the European Court of Human Rights rejected a controversial request that the press be required to give pre-notification to the subjects of news stories that might be invasive of privacy. Mosley v. United Kingdom, [2011] ECHR 774. Max Mosley claimed that the United Kingdom had violated a positive obligation under Article 8…
Michigan Court Refuses to Enjoin Cooking Channel Show in Trademark Dispute
Some of the “American Graffiti” generation can remember that when surfing and the Beach Boys exploded out of California in the 1960’s they brought with them a term previously unknown to the rest of the country: bitchin’. “Bitchin” was used to describe something in very positive terms, such as a bitchin’ car, a bitchin’ date…
Let’s Do the Time Warp Again: New York Court of Appeal Rules Long Arm Jurisdiction Exists Over Some Non-domiciliary Copyright Infringers
On April 21, 2009, the Second Circuit vacated and remanded a decision by the Southern District of New York (Lynch, J.) to dismiss book publisher Penguin’s complaint against online library American Buddha for lack of personal jurisdiction. Penguin Group (USA) Inc. v. American Buddha, No. 09-528. The Second Circuit’s decision was based on the New…
Welcome to Hawaii, the Aloha State
Publishers and authors statutorily liable for injuries sustained by hikers who trespass on private property? Not in this country. Well – maybe. In the just recently concluded Hawaii Legislative session, H.B. 548 and its companion Senate Bill 1207, as initially introduced, would have held publishers and authors of visitors guides and websites that “invite attract…
Fair Report Privilege Protects Magazine Article Discussing Criminal Complaint
On April 26, 2011, a New York trial court granted Harper’s Magazine Foundation motion to dismiss a claim for defamation after Harper’s published correspondence that had been attached to a criminal complaint against the plaintiff. Klig v. Harper’s Magazine Foundation, 600899/10 (Nassau Cty Sup. Ct.) (Wolf Lally, J.). The criminal complaint alleged that plaintiff had…
On Rehearing, Alabama Appeals Court Affirms Summary Judgment for Newspaper
By Dennis R. Bailey After a petition for rehearing was granted and oral arguments were requested by the Alabama Court of Civil Appeals, the Court, by a 3 to 2 vote, reversed itself and withdrew its prior opinion in December which had reversed a summary judgment for a newspaper in a libel case filed by…
Divided Fourth Circuit Reinstates Libel, Privacy and Emotional Distress Claims Over TV News Broadcast
A divided Fourth Circuit panel reinstated libel, false light and emotional distress claims against a West Virginia television station over a news report about an allegation of sexual abuse at a daycare center. Tomblin v. WCHS-TV8, No. 10-1136 (4th Cir. May 11, 2011) (Niemeyer, Keenan, Davis JJ.). In a case of libel by omission,…
Texas Jury Finds Newspaper Libeled Sheriff’s Son
By John K. Edwards You may recall my article in January, 2010 concerning an adverse appellate decision in the case of Brady v. Klentzman, in which the Texas First District Court of Appeals held that the plaintiff – Wade Brady, son of Chief Deputy Craig Brady of the Fort Bend County Sheriff’s Office – was…
Divided Ninth Circuit En Banc Panel Allows Idea Submission Claim to Proceed
On May 4, 2011, in Montz v. Pilgrim Films & Television, Inc., No. 08-56954 (9th Cir. 5/4/11) (en banc), 2011 WL 1663119, an eleven-judge en banc panel of the Ninth Circuit Court of Appeal issued opinions which split 7-4 on whether a television producer’s implied promise not to use ideas embedded in submitted works which…
Mobile Technology Headlines MLRC Digital Media Conference
MLRC held its fourth annual Legal Frontiers in Digital Media conference at Stanford University on May 19 & 20, 2011. This year’s conference, organized — as always — in cooperation with Stanford Law School Center for Internet and Society, kicked off with two panels focused on mobile technology, “The Wireless Ecosystem,” moderated by Dan Waggoner,…