MediaLawLetter November 2008

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MLRC

MLRC Annual Dinner
Panel Discuss The Presidency and the Press

A Tribute to Cam DeVore

SUPREME COURT

U.S.: Expletive Deleted: High Court Considers FCC Indecency Rules
FCC v. Fox Television Stations, Inc.

U.S.: Supreme Court to Hear Appeal in Campaign Law Case
Is Anti-Clinton Documentary Electioneering Communication or Political Speech?
Citizens United v. FEC

U.S.: Supreme Court Denies Cert. Petitions in Media and Internet Cases
Damon v. Moore; Steinbuch v. Hyperion Books; Wood v. Del Giorno; Doe v. MySpace; New York Law Publishing v. Doe

PRIOR RESTRAINT

Cal. App.: Prior Restraint Against The Orange County Register Vacated
Newspaper Allowed to Report on Class Action Trial Against Publisher
Freedom Communications v. Gonzalez

LIBEL / PRIVACY

N.J. App.: New Jersey Appellate Panel Restricts Fair Report Privilege
Privilege Does Not Apply to Preliminary Pleading; Amicus Support Sought
Salzano v. North Jersey Media Group, Inc.

W.D. Ky.: Kentucky Fair Report Privilege Requires Attribution
Court Also Finds Sufficient Evidence of Negligence and Malice for Trial
Trover v. Paxton

N.D. Ga.: Georgia Court Tosses Right of Publicity Claim Against Magazine
Publication of Nude Photos Related to Matter of Public Interest
Toffoloni v. LFP Publishing d/b/a Hustler Magazine

Conn.: App. Connecticut Appellate Court Stiffs Inmate
Affirms Summary Judgment on Viagra Libel Claim
Mercer v. Cosley

Congress: House Passes Libel Tourism Bill: Chance of Senate Passage Slim
H.R. 6146; H.R. 5814; S 2977

Ill.: The Accidental Libel Tourist
Illinois Enacts “Libel Terrorism Protection” Law

9th Cir.: Court Affirms Summary Judgment for Video Game Maker in Trademark Suit
First Amendment Trumps Strip Club’s Trademark Claim
E.S.S. Entertainment v. Rock Star Videos

E.D. Mich.: Court Dismisses Rock Group’s Publicity, Trademark Claims Against Video Game
Use in Guitar Hero Is Expressive and Protected By First Amendment
The Romantics v. Activision Publishing

INTERNATIONAL

UK and Europe: The Other Side of the Pond – UK and European Law Update

COPYRIGHT

S.D.N.Y.: New York Court Grants Permanent Injunction Against Harry Potter Companion Book
Defendant Appropriated Too Much of Rowling’s Creative Work
Warner Bros. Entertainment, Inc. v. RDR Books

NEWSGATHERING

D. Minn.: Federal Court Enjoins Law Restricting Exit Polling
100 Foot Ban Not “Narrowly Tailored” to Prevent Disruption at Polls
American Broadcasting Companies, Inc. v. Ritchie

ACCESS / FREEDOM OF INFORMATION

Colo.: Court Points Sheriffs and Police Chiefs to Release Redacted Records Upon
Completion of Internal Affairs Investigations
In Re: Freedom Colorado Information, Inc. d/b/a The Gazette

FIRST AMENDMENT

Maine: Maine Supreme Court Strikes Down Election Endorsement Statute
Law Imposed Unconstitutional Burden on Political Speech
Mowles v. Comm. Govt. Ethics

ETHICS

Standing Mute About Mootness and Standing?
A Media Lawyer’s Duty of Candor to the Tribunal