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January 2006

MediaLawLetter November 2006


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MLRC’s Annual Dinner November 8, 2006
Panel Discusses Reporting on National Security Under Threat of Indictment

Minutes of the MLRC, Inc. Annual Meeting

Minutes of the Defense Counsel Section Annual Breakfast Meeting

Ethics Corner: Lift is to Elevator as “Information Barrier” is to . . . ?


Ill. Cir. Ct.: Illinois Jury Awards Chief Justice $7 Million in Libel Suit Against Newspaper
Columns About Political Influence in Disciplinary Hearing Were Reckless
Thomas v. Page

Sidebar: Trial with Judicial Plaintiffs
Synopses of eleven media libel trials involving judges as plaintiffs

Ill. App. Ct.: Former Judge Loses Appeal in Defamation Case Involving Lost Election
Harsh Criticism in Election To Be Expected
Maag v. Illinois Coalition for Jobs, Growth & Prosperity

Pa. C.P.: $3.5 Million Bench Verdict in Pennsylvania Libel Case
Articles Alleging Mob Ties Held Defamatory, Despite Indictment of Plaintiff’s Associate
Joseph v. The Scranton Times, L.P.

Cal., N.D. Ill.: California Supreme Court and Illinois Federal Court Address §230 Immunity
California Affirms Broad Immunity, Illinois Court Suggests Limits
Barrett v. Rosenthal, Chicago Lawyers Committee v. craigslist

Ill. App. Dist. Ct.: Column About “Ties” to Organized Crime Subject to Innocent Construction
Article Didn’t Link Plaintiff to Organized Crime
Seith v. Chicago Sun-Times, Inc.

Ohio Ct. App.: Radio Host’s Comments About Own Case Not Protected Opinion
Reasonable Listeners Would Think Statements Were Factual
Brown v. Lawson

Cal. Sup. Ct.: Court Dismisses Britney Spears Libel Suit Against US Weekly
Not Defamatory to Say Married Couple Made Sex Tape
Spears v. US Weekly LLC

D. Md.: Summary Judgment for Magazine in Privacy Case Over Topless Photo
Plaintiff Exposed Herself at Public Event
Barnhart v. Paisano Publications, LLC

Cal. App.: Court Affirms Dismissal of Right of Publicity Claim Over Video Game
First Amendment Provided Complete Defense to Claims
Kirby v. Sega

N.D. Ga.: Gun Dealer Voluntarily Dismisses Libel and RICO Suit Against NYC Officials
Adventure Outdoors, Inc., et al. v. Bloomberg, et al.


S. Ct.: Court Rejects Newspaper’s Motion to Stay Disclosure of Phone Records
Times Sought Stay Pending Cert. Petition
The New York Times Co. v. Gonzales

E.D. Va.: Newspaper Sanctioned for Not Revealing Sources
Cannot Rely on Existence of Sources at Trial
Hatfill v. New York Times


2d Cir.: “If at First You Don’t Succeed . . .”
Second Circuit Finds Artist’s Latest Use of Another’s Photography to be Fair Use
Blanch v. Koons

S.D.N.Y.: Denies Preliminary Injunction in Trademark Case Arising Out of Movie Title
No Likelihood of Confusion Over Hollywoodland Title
Mandracchia, et al. v. Focus Features LLC and Miramax Film Corp.


Canada: Ontario Court Strikes Down Anti-Leak Provisions as Unconstitutional
State Secrets Law Violated Canadian Charter
O’Neill and Ottawa Citizen Group, Inc. v. Attorney General of Canada

U.K.: Keeping a Lid on Secrets – The U.K. Approach

ECHR: Strip Search Lays Bare the Law of Privacy
ECHR Says Gov’t Search Violated Article
Wainwright v. United Kingdom

U.K. & E.U.: The Other Side of the Pond
U.K. and European Law Update


FCC: FCC Revisits Rulings Following Remand from the Second Circuit
Two Complaints Dismissed, but Finds CBS in Violation for Nicole Richie, Cher Witticisms
In re Complaints Regarding Various Television Broadcasts between 2/2/02 & 3/8/05

18 U.S. C. § 1084: Internet Gambling Prohibition and Enforcement Act