MediaLawLetter May 2012
Download Publication NEWSGATHERING 7th Cir.: Illinois Eavesdropping Act Likely Unconstitutional as Applied To Open Recording of Police OfficersSignificant Victory to Gather Information on Public Officials Performing Public DutiesACLU v. Alvarez INTELLECTUAL PROPERTY 2d Cir.: Appropriation Artist Tests the Scope of ‘Fair Use’ with the Second CircuitVolley of Questions For Both Sides In Oral Arguments Leaves…
Digital Media In Focus at Fifth Annual “Legal Frontiers” Conference
On May 21 & 22, 2012, the Media Law Resource Center – in conjunction with Stanford Law School’s Center for Internet and Society – held its Fifth Annual “Legal Frontiers in Digital Media Conference,” showcasing new developments, and forecasts for the future, in digital media law. This years’ conference featured six sessions, spread over two…
Federal Court Rejects FOIA Request for Bin Laden Photos
Photos Were Properly Classified in Interest of National Security A FOIA request for the images taken by U.S. forces during the capture, killing and burial of Osama Bin Laden last year was appropriately denied by the CIA, a Washington D.C. district court ruled last month. Judicial Watch v. U.S. Department of Defense, (D.D.C. April 26,…
Judge Releases 911 Tape in Jennifer Hudson Family Murders Trial on Media’s Motion
By Natalie Spears and Kristen Rodriguez Judge Charles Burns of the Circuit Court of Cook County, Illinois ordered the release of a 911 tape that was admitted into evidence in the trial of William Balfour, who was recently convicted of murdering the mother, brother, and 7 year old nephew of Oscar-winning actress and singer, Jennifer…
Newspaper Wins Privacy Trial
Court Gives Leeway to Report on Lives of Public Figures By David Hooper On 24 May 2012 an important judgment was given by Mr Justice Tugendhat in Trimingham v. Associated Newspapers Ltd [2012] EWHC1296. A claim had been brought by Carina Trimingham against the Daily Mail and Mail on Sunday for a series of articles…
English Libel Changes: The Defamation Bill 2012
Changes to English Libel Law Likely to Be Enacted Into Law By Next Year By David Hooper After an extensive period of consultation the British Government has this month introduced the Defamation Bill which will significantly reform English Defamation Law. It has to pass through its legislative stages in the House of Commons and House…
Court Dismisses RICO, Fraud and Related Claims Over “Three Cups of Tea” Book
Plaintiffs Accused Authors of Fabrications; Selling Fiction as Nonfiction A Montana federal district court dismissed a purported class action lawsuit against the authors and publisher of the 2006 best seller “Three Cups of Tea,” and 2009 follow up book “Stones into Schools,” holding that plaintiffs failed to state any claims over alleged fabrications in defendants…
Court Confirms First Amendment Protection for Scientific Debate
Research Study Conclusions Held to be Non-Actionable Opinion By Robert D. Balin and Victor Hendrickson In a significant win for scientists and the journals that publish their studies, Chief Judge William M. Skretny of the Western District of New York recently ruled that courts—and lawsuits—are not the appropriate forum for resolving disputes within the scientific…
Court Dismisses Reality-TV Participant’s Publicity Claims Against HBO
By Stephanie Abrutyn and Alia Smith On May 8, 2012, a New York County trial court dismissed several claims against HBO brought by reality-TV participant John Devenanzio, who claimed that his nickname “Johnny Bananas” related to the show “Entourage” and its “Johnny’s Bananas” cartoon gorilla story line. Devenanzio v. HBO, (N.Y. Sup. May 8, 2012)…
Pennsylvania Court Denies Summary Judgment to Scranton Times
In a recent decision, a Pennsylvania trial court denied summary judgment to the Scranton Times in a libel suit over articles describing plaintiffs’ testimony at a Grand Jury hearing. Castellani v. Scranton Times, No. 05 Civ 69, 2012 Pa. Dist. & Cnty. Lexis 10 (Pa. Cmmw. March 4, 2012) (Mazzoni, J.). The court held that…
NJ High Court Guts Presumptive Damages in Private Party Libel
Press Association, ACLU Urged Court to Reject Presumed Damages By Bruce S. Rosen The New Jersey Supreme Court has all but eliminated presumptive damages in private party libel suits, leaving only the potential for nominal damages where concrete damages have not been established. However, in a rare public misstep, the Court was forced to correct…
Maine’s High Court Re-Adjusts Burdens in Favor of Plaintiffs in Anti-SLAPP Motions
Decision May Impact States with Similar Anti-SLAPP Statutes By Sigmund D. Schutz and Benjamin S. Piper In a plaintiff-friendly decision that has implications for other states with anti-SLAPP statutes, Maine’s highest court found that plaintiffs need only show a prima facie case to survive an anti-SLAPP motion to dismiss. Nader v. The Maine Democratic Party,…
Eleventh Circuit Strikes Punitive Damages Award in Right of Publicity Case Against Hustler
By Darrell Solomon The Eleventh Circuit Court of Appeals recently handed down a victory for the nation’s publishers in a Georgia case that considered Hustler Magazine’s right to illustrate a story about the tragic murder of former model and professional wrestler Nancy Benoit with nude images of Ms. Benoit, without the consent of her estate. …
Virginia Jury Awards Assistant Principal $3 Million in Libel Suit Against Newspaper
A Virginia Circuit Court jury this month awarded Phillip Webb, a high school assistant principal, $3 million in libel damages against the Virginian-Pilot newspaper. Webb v. Virginian-Pilot, (Va. Cir. jury verdict May 24, 2012). At issue was a December 18, 2009 article which reported on an incident involving Webb’s two sons. They were both arrested…
Sixth Circuit Rejects Interlocutory Appeal in theDirty.com Libel and Privacy Case
Section 230 “Not Imperiled” by Requiring Final Order for an Appeal The Sixth Circuit refused to hear a website’s appeal from a district court decision denying it immunity under Section 230. Jones v. Dirty World Entertainment, dba Thedirty.com et al., No. 12-5133 (6th Cir. May 9, 2012) (Kennedy, Siler, Sutton, JJ.). In January, a federal…
Magazine Page Congratulating Michael Jordan on Hall of Fame Induction is Noncommercial Speech
In February, a federal court in Illinois held that a magazine page designed by a Chicago-area supermarket to commemorate Michael Jordan’s induction into the Basketball Hall of Fame constituted noncommercial speech. Jordan v. Jewel Food Stores, Inc., No. 10 C 340, 2012 WL 512584 (N.D. Ill. Feb 15, 2012) (Feinerman, J.). Jordan claimed that the…
Copyright, Trademark and Defamation Claims Against Random House and Movie Producers Dismissed
Plaintiff Claimed Book and Movie Failed to Include His Role at Facebook By Brad Ellis A federal magistrate judge in Massachusetts has thrown out an attempt to force a publisher to tell a plaintiff’s version of the founding of Facebook. Greenspan v. Random House, Inc. et al. (D. Mass. May 9, 2012). Aaron Greenspan, a…
Seventh Circuit Rules Illinois Eavesdropping Act Likely Unconstitutional as Applied to Open Recording of Police Officers
By Richard O’Brien, Robert D. Leighton, Linda Friedlieb and Matt Taksin On May 8, 2012, the Seventh Circuit weighed in on the controversy over the constitutionality of statutes making it unlawful to record police officers in public engaged in their public duties. In ACLU v. Alvarez, No. 11-1286, a 2-1 panel ruled that an Illinois…
Appropriation Artist Tests the Scope of ‘Fair Use’ With the Second Circuit
Volley of Questions for Both Sides in Oral Arguments Leaves Outcome Murky Left: image from Cariou’s “Yes, Rasta”; right: image from Prince’s “Canal Zone” catalogue By Itai Maytal Without signaling to either side any clear advantage, the Second Circuit Court of Appeals heard oral arguments last week in the appeal of appropriation artist Richard Prince…