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December 2017

MediaLawLetter November 2017

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Ten Questions to a Media Lawyer: Jon Fleischaker

Jon Fleischaker is an attorney at Kaplan & Partners LLC in Louisville, KY. 1. How’d you get into media law? What was your first job? I grew up in Louisville where I went public schools, including a great high school. While academic pursuits were always important to me and my family, I was also actively…

DCS Annual Meeting Reviews Accomplishments and Plans for 2018

The annual meeting of the MLRC Defense Counsel Section was held on Thursday, November 9th at Carmine’s Restaurant on West 44th Street. DCS President Laura Prather led the meeting. The first matter of business was the election of a new executive committee member. Robin Luce Herman of Butzel Long, was elected as the DCS Treasurer…

District of Columbia Court Restricts Government Access to Website Used by Trump Protesters

By Cindy Gierhart The District of Columbia Superior Court on October 10, 217, limited the scope of data the government is allowed to collect from a website used by anti-Trump protesters, ensuring “innocent” users’ identities will be protected. In the Matter of the Search of www.disruptj20.org, No. 17 CSW 3438 (D.C. Super. Oct. 10, 2017)….

FISA Court Rules ACLU and Yale Information Clinic Have Standing to Seek Access to Redacted Opinions

By Naomi Sosner Sitting en banc for the first time in its history, the Foreign Intelligence Surveillance Court concluded, in a 6-5 opinion, that the American Civil Liberties Union and Yale Law School’s Media Freedom and Information Access Clinic (“movants”) had established standing to bring a First Amendment claim for access to redacted portions of…

Sixth Circuit Affirms Dismissal of Publicity Claims Against Online Book Publishers

Plaintiffs Image Had No Commercial Value to Sustain Claim Under Ohio Law In an unpublished decision, the Sixth Circuit affirmed dismissal of publicity and false light claims against Amazon, Barnes & Noble and several online publishing platforms for distributing a self-published book of erotic fan fiction devoted to New England Patriots all-star tight end Rob…

Michigan Court of Appeals Affirms Dismissal of Defamation Suit Brought by White Supremacist

“A Man is Known by the Company He Keeps” By Andrew M. Pauwels In a decision published October 31, 2017, the Michigan Court of Appeals upheld the dismissal of a suit brought by radio host James Edwards against The Detroit News and its columnist, Bankole Thompson. James Edwards v. Detroit News, Inc., No. 334058. The…

TOPICS :

First Circuit Affirms Dismissal of Cosby Accuser Defamation Suit

California Court Allows Similar Suit to Go Forward In October, the First Circuit affirmed a lower court ruling dismissing Katherine McKee’s defamation case against comedian and actor Bill Cosby. McKee v. Cosby, 874 F.3d 54 (1st Cir. 2017) (Lynch, Stahl, and Thompson, JJ). McKee’s suit for defamation and related claims is one of a number…

Court Affirms Dismissal of Defamation Suit Over Models’ Online “Blacklist”

Plaintiff Failed to Adequately Deny Accusations of Sexually Inappropriate Behavior The California Court of Appeal this month affirmed dismissal of a defamation suit against two professional models who created and distributed a list of photographers accused of sexually inappropriate and dangerous behavior in the workplace. Brenner v. Hill, No. A149758 (Nov. 21, 2017) (unpublished). The…

MLRC’s 2017 Forum: “Is Libel Back?”

Have more plaintiffs been bringing (or threatening) litigation against the media in recent years, or does it just feel that way? That was the question debated at this year’s annual Forum, held immediately before MLRC’s annual dinner on Wednesday, November 8, 2017. The Forum discussed the possible impact of, among other things, mega-recoveries in the…

“The Twists and Turns” of a Libel Case vs. Jim Risen’s “Pay Any Price”

D.C. Cir. Affirms Summary Judgment: Protected Opinion, Insufficient Showing of Falsity, and No Actual Malice By Laura R. Handman and Lisa Zycherman In 2015, Dennis Montgomery brought a libel action against author James Risen, the Pulitizer-Prize winning, New York Times national security reporter, and his publisher Houghton Mifflin Harcourt Publishing Co., concerning a chapter in…

Second Circuit Affirms Dismissal of Sheldon Adelson’s Suit Against National Jewish Democratic Council

By Al-Amyn Sumar Late last month, the Second Circuit issued a decision — the fourth in the five years since litigation began — affirming dismissal of a defamation lawsuit brought by billionaire Republican donor Sheldon Adelson against the National Jewish Democratic Council (NJDC) and two members of its leadership. Adelson v. Harris, No. 13-4173 (Nov….

Dinner Program Highlights

Mark McKinnon: Two things have come out of this election that are unique that we are all grappling with. One is fake news that is perceived as real. The other is real news that is perceived as fake. … There are millions of Americans who are convinced, because the president told them so, that anything…

From the Executive Director’s Desk: MLRC Fall Events Round-Up

Dinner, Forum and Host of Meetings Make for a Busy New York Week By George Freeman It’s an old adage around the MLRC office that the second week of November is the busiest week of the year for us. That may well be true, but for me, more importantly, it’s the most interesting and gratifying,…

MediaLawLetter November 2017

 Download Publication MLRC From the Executive Director’s Desk: MLRC Fall Events Round-UpDinner, Forum and Host of Meetings Make for a Busy New York Week MLRC Annual Dinner: Program Highlights DCS Annual Meeting Reviews Accomplishments and Plans for 2018 Ten Questions to a Media Lawyer: Jon Fleischaker LIBEL & PRIVACY Second Circuit Affirms Dismissal of Sheldon…