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June 2014

MediaLawLetter May 2014


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European Court of Justice Recognizes “Right to Be Forgotten”
Decision That Search Engines Must Delink Causes Huge Controversy
Google v. Spain

S.D.N.Y.: First Amendment Protects Search Engine Results
Plainitffs Sued Chinese Search Engine for Not Linking to Pro-Democracy Sites
Zhang v. Inc.

New York Court of Appeals Refuses to Dismiss Criminal Conviction for Online Impersonation
Statute Is “Broad Enough to Capture Acts Intended to Cause Injury to Reputation” 
People v. Golb

NAF Arb.: “Parody” Websites Transferred To Sun-Times Media via National Arbitration Forum
Panel Found Respondent to Be a “Serial Cybersquatter”
Sun-Times Media IP, LLC v. WUITAS, Inc.


MLRC Partners with Berkeley for Legal Frontiers in Digital Media Conference


Conn. App.: Section 230 Bars Liability for Linking to and “Endorsing” Allegedly Defamatory Content
Court Affirms Dismissal of Claims Against NBCUniversal
Vazquez v. Buhl

S.C. Cir.: Jury Awards $650,000 to Lobbyist in Libel Suit Against the Sun News
Articles about Campaign Donation Published with Actual Malice
Kelley v. Sun Publishing Co.

W.D. Tenn.: Tennessee Fair Report Privilege Shields Fox Affiliate from Defamation Claims
Broadcast Was Fair and Accurate Summary of Police Press Release
Hill et al. v. Fox Television Stations, Inc.

N.D. Cal.: O’Bannon Judge Weighs In Again On Alleged Rights Of Publicity In Sports Game Broadcasts
Media Groups Challenge Judge’s Right of Publicity Ruling
In re NCAA Student–Athlete Name & Likeness Licensing Litigation

Iowa Supreme Court Protects Candidate and His Campaign Ad
Court Analyzes Actual Malice in Context of Campaign Ad
Bertrand v. Mullin

Tex.: Texas Court Affirms in Part Jury Verdict for “Talking Trash” About Corporate Competitor
Retains Doctrine of Defamation Per Se, But Limits Damages
Texas Disposal Sys. Landfill, Inc. v. Waste Mgmt. Holdings Inc.

N.Y. Sup.: Fraud and  Deceptive Conduct Claims Dismissed Over BBB  Rating and Accreditation
No Personal Jurisdiction; Ratings Protected Opinion  
Steinmetz v. BBB


NTSB: News Media Coalition Weighs in to Support Drone Photographer in NTSB Litigation
Media Weigh in Regulating Civilian UAS
FAA v. Pirker

Sidebar: Publishing Drone Video That Falls from the Skies


E.D. La.: Times-Picayune Reporters Testify About Alleged Grand Jury Leak
Murder Defendants Sought to Have Indictments Dismissed
U.S. v. Howard et al.


Wis. Cir.: Newspaper Wins Records Battle For Emails Seized in John Doe Investigation
DA Seized Email Records as Part of Investigation into Governor Walker Campaign
In the Matter of a John Doe Proceeding

VA Supreme Court Denies Public Records Request for Climate Change E-mails
Justices Adopt Broad Definition of ‘Proprietary’ Information
American Tradition Institute v. University of Virginia

D.C. Cir.: Court Rejects Access to Warrantless Wiretapping Cases Involving Acquittals, Dismissals
Privacy Trumps FOIA
American Civil Liberties Union v. Department of Justice

Access Roundup:  Other Recent Cases of Note
In the Matter of Empire Center for New York State Policy; State Ex Rel. Korry L. Ardell; City Press Communications, LLC v. Tennessee Secondary School Athletic Association


Netherlands: Dutch Broadcaster Wins Libel Case Brought by Ryanair
Questions About Flight Safety Not Defamatory
Ryanair Ltd. v. Katholieke Radio Omroep


Ethics Corner: ABA Weighs In on Ethical Boundaries of Social Media Research on Jurors in Voir Dire