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June 2012

MediaLawLetter May 2012


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7th Cir.: Illinois Eavesdropping Act Likely Unconstitutional as Applied To Open Recording of Police Officers
Significant Victory to Gather Information on Public Officials Performing Public Duties
ACLU v. Alvarez


2d Cir.: Appropriation Artist Tests the Scope of ‘Fair Use’ with the Second Circuit
Volley of Questions For Both Sides In Oral Arguments Leaves Outcome Murky
Cariou v. Prince

D. Mass.: Copyright, Trademark, Defamation Claims Against Random House and Movie Producers Dismissed
Plaintiff Claimed Book and Movie Failed to Include His Role at Facebook
Greenspan v. Random House et al.

N.D. Ill.: Magazine Page Congratulating Michael Jordan on Hall of Fame is Noncommercial Speech
Page Celebrated His Achievements
Jordan v. Jewel Food Stores, Inc.


6th Cir.: Court Rejects Interlocutory Appeal in Libel and Privacy Case
Section 230 “Not Imperiled” by Requiring Final Order for an Appeal
Jones v. Dirty World Entertainment, dba et al.


Va. Cir.: Virginia Jury Awards Assistant Principal $3 Million in Libel Suit Against Newspaper
Public Official Plaintiff Claimed Article Implied He Gave Preferential Treatement to Son
Webb v. Virginian-Pilot

Eleventh Circuit Strikes Punitive Damages Award in Right of Publicity Case Against Hustler Magazine
Publisher Legitimately Believed Photos Were Newsworthy
Toffoloni v. LFP

Me.: High Court Re-Adjusts Burdens in Favor of Plaintiffs in Anti-SLAPP Motions
May Impact States with Similar Anti-SLAPP Statutes
Nader v. The Maine Democratic Party

N.J.: High Court Guts Presumptive Damages in Private Party Libel
NJ Press Association and ACLU Urged Court to Reject Presumed Damages
W.J.A. v. D.A.

Pa. Cmmw.: Court Denies Summary Judgment to Scranton Times in Confidential Source Libel Case
Sufficient Evidence of Falsity and Fault in Articles on Grand Jury Testimony
Castellani v. Scranton Times

N.Y. Sup.: Court Dismisses Reality-TV Participant’s Publicity Claims Against HBO
Plaintiff Claimed His “Johnny Bananas” Nickname Related to HBO’s Show “Entourage”
Devenanzio v. HBO

W.D.N.Y.: Court Confirms First Amendment Protection for Scientific Debate
Research Study Conclusions Held to be Non-Actionable Opinion
ONY, Inc. v. Cornerstone Therapeutics, Inc. et al.

D. Mont.: Court Dismisses RICO, Fraud and Related Claims over “Three Cups of Tea” Book
Plaintiffs Accused Authors of Fabrications; Selling Fiction as Nonfiction
Pfau v. Mortenson


UK: English Libel Changes: The Defamation Bill 2012
Changes to English Libel Law Likely to Be Enacted Into Law By Next Year

UK: Newspaper Wins Privacy / Harassment Trial
Court Gives Leeway to Report on Lives of Public Figures
Trimingham v. Associated Newspapers Ltd


Ill. Cir.: Judge Releases Chilling 911 Tape in Jennifer Hudson Family Murders Trial on Media’s Motion
Presumption of Access Applied to 911 Tape
Illinois v. Balfour

D.D.C.: Federal Court Rejects FOIA Request for Bin Laden Photos
Photos Were Properly Classified in Interest of National Security
Judicial Watch v. U.S. Department of Defense


Digital Media In Focus At Fifth Annual “Legal Frontiers” Conference
Conference Explored New Developments, and Forecasts for the Future, in Digital Media