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January 2010

MediaLawLetter November 2010

PUBLICATION:

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MLRC

Media Law Resource Center 2010 Annual Dinner
Looking Back, Looking Forward: The Changing Business Of News

MLRC Launches International Media Law Project

Minutes Of The MLRC Annual Meeting

Defense Counsel Section Reviews Projects And Goals At 2010 Annual Meeting

LIBEL & PRIVACY

9th Cir.: Ninth Circuit Affirms Judgment And Verdict In Surfer Libel Case
Jury Found Article Substantially True
Chapman v. Journal Concepts

D.C. Cir.: Court Affirms Summary Judgment For Washington Post On Libel Claims
Articles About “Hoarder” Were Substantially True Or Not Defamatory
Shipkovitz v. Washington Post Company

KY: Supreme Court Dissolves Temporary Injunction As Impermissible Prior Restraint
Addresses Standards For Post-Trial Injunctions In Defamation Cases
Hill v. Petrotech Resources Corporation

NJ: Press Association Asks State Supreme Court To Abolish Presumed Libel Damages
Appellate Decision Granted Presumed Damages To Private Plaintiff
W.J.A. v. D.A.

N. Mex.: Supreme Court to Address Standard of Proof For Actual Injury In Private Figure Libel Cases
Appellate Decision Held Injury to Reputation Not Required
Smith v. Durden

W.D. Wash.: Washington Court Grants Anti-SLAPP Motion, Awards Fees, Costs
Second Federal Decision Interpreting Amended Statute
Castello v. City of Seattle

Nev.: Nevada Supreme Court Reinstates Newspaper’s Motion For Attorney Fees
Chinese Language Newspaper Won Libel Trial; Sought Attorney Fees
Chinese American Chamber of Commerce v. The Southern Nevada Chinese Weekly

D.N.J.: Section 230 Applies To Forwarded Email
Defendant Was User Of Interactive Computer Service
Mitan v. A. Neumann & Associates

Ill. Cir.: Illinois Court Grants Summary Judgment In Right of Publicity Case
Advertising Agency May Rely On Apparent Authority Of Talent Agency
Abbs v. Lily‘s Talent Agency, et al.

ACCESS

Alaska Super.: Online Newspaper Obtains Senate Candidate’s Employment Files In Public Records Suit
Records Show Candidate Lied About Using Computer To Rig Political Poll
Alaska Dispatch v. Fairbanks North Star Borough

Wash.: Supreme Court Vacates Order Preventing Release Of Police Investigative Records In High-Profile Fatal Shooting Of Four Sheriffs Officers
Defendants Seeking To Bar Records Disclosure Must Show Specific Fair Trial Threat
Seattle Times Co. v. Serko

COPYRIGHT

C.D. Cal.: Velcro Suit Does Not Stick
Court Dismisses Copyright Claims Against Bruno
Musero v. Mosaic Media Group

INTERNATIONAL

Australia: Australian Court Holds Headlines Not Copyrightable
Headlines Generally Too Insubstantial To Be Protected
Fairfax Media Publications Pty Limited v. Reed International Books Australia Pty Limited

UK, Europe: Across The Pond: Developments in UK and European Media Law
Super Injunctions; Phone Hacking; Costs; Libel Tweets; Libel Reform; Damages in Ireland

Canada: Protecting Whistleblowing Sources In Canada
Supreme Court Extends Case-by-Case Approach For Source Protection
Globe & Mail v. Canada

REPORTERS PRIVILEGE

Ill. Cir.: Illinois Court Upholds Reporters Privilege In Hate Crime Suit
Civil Defendant Can’t Depose Reporters About Interviews Of Plaintiffs
Horstman v. Hoffman

FIRST AMENDMENT

W.D. Wash.: First Amendment Protects Amazon’s Customers’ Choices of Expressive Material from Disclosure to North Carolina’s Department of Revenue
Amazon.com LLC v. Lay

9th Cir.: Ninth Circuit Sides with Booksellers and Media Coalition Plaintiffs in First Amendment Challenge to Oregon’s Furnishing and Luring Statutes
Statutes Criminalized Substantial Amount Of Protected Speech
Powell‘s Books v. Kroger