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December 2019

MediaLawLetter November 2019

PUBLICATION:
in this issue

MLRC 2019 Annual Meeting

New Board Member Elected; MLRC Projects and Events Reviewed The Annual Meeting of the Media Law Resource Center, Inc. was held on November 6, 2019, at the Grand Hyatt in New York. Chair of the Board of Directors, Randy Shapiro, called the meeting to order. The first item on the agenda was the election of…

MLRC Forum Focuses on Technology in the Newsroom

This year’s MLRC Forum (held immediately prior to the annual dinner on November 6) – entitled: “The Possibilities and Perils of Journalism Tech: Automation, AI and Disinformation in the Newsroom” – took a deep dive into technologies that have the potential to transform newsrooms and provide challenges to media lawyers. The event, held at the…

President Trump Asks Supreme Court to Block Release of Tax Records

Claims Broad Immunity from State Criminal Prosecution While in Office By Raymond Baldino In November, President Trump asked the Supreme Court to quash a state grand jury subpoena seeking his tax records, arguing that he is immune from state court criminal proceedings while in office under the Supremacy Clause and Article II of the U.S….

Colorado Federal Court’s Order Adopts Senator’s Agreement to Stop Social Media Blocking — and Pay Plaintiff

By Ashley I. Kissinger A federal district court in Colorado has entered an order that puts all public officials in the state on notice that blocking a critic from their social media pages violates the First Amendment when the blocking is based on the critic’s viewpoint. In Landman v. Scott, No 1:19-cv-01367 (D. Colo. filed…

Second Circuit Rules for Facebook in Landmark Section 230 Immunity Case

Facebook Did Not Provide “Material Support” for Hamas By Jane Marie Russell In recent years, Facebook has faced many claims, in court, in the media, and in the political arena for facilitating the publishing of dangerous, violent, and/or false information by its users and not doing enough to prevent such dissemination. Passed in 1996, 47…

Court Rejects Colombian Journalist’s Copyright Infringement Lawsuit Over Netflix’s ‘Narcos’ Series

By Louis P. Petrich and Elizabeth L. Schilken A Florida federal district court confirmed that film and television producers may freely use facts, ideas and scenes a faire found in published works to create biographies, docudramas and documentaries without incurring copyright liability. Vallejo v. Netflix, Inc., No. 18-cv-23462-RS , 2019 WL 5867970. (S.D. Fla. Nov. 8,…

Release and Statute of Limitations Bar Claims for Invasion of Privacy, Fraud, and Unjust Enrichment

By Cameron Stracher In a case that has been litigated across two states over seven years, a New York trial court recently held that plaintiff’s claims, arising from his participation in an unscripted television series about a bounty hunter, were barred by the release he signed and by the statute of limitations. Draughn v. Al…

South Carolina Appeals Court Affirms Summary Judgment in Libel Case Over “Racist” Football Ritual

By Eric P. Robison On Nov. 6, a three-judge panel of the South Carolina Court of Appeals affirmed the grant of summary judgment to the former owner of the Charleston City Paper in a defamation lawsuit against over two editorial columns about a high school football team pre-game ritual that some considered racist. Garrard v….

Court Dismisses Sheriff Joe Arpaio’s Defamation Suit Against HuffPost, Rolling Stone, and CNN With Prejudice

By Elizabeth Baldridge Former Arizona sheriff Joe Arpaio’s defamation, tortious interference with prospective business relations, and false light complaint against several media defendants was dismissed in October. Arpaio v. Zucker (D.D.C. Oct. 31, 2019). Background The Huffington Post, Rolling Stone, and CNN, along with a handful of their respective employees, each moved to dismiss Arpaio’s…

Planet Aid v. CIR: Lessons for Media Counsel in a Defamation Litigation

By D. Victoria Baranetsky and Ethan Forrest For over three years, Reveal from The Center for Investigative Reporting (“CIR” or “Reveal”) has been fighting a SLAPP suit brought in federal court by the non-profit Planet Aid, Inc., in response to CIR’s years-long investigation—reported across the globe—examining Planet Aid and its affiliates. The overall focus of…

NYT’s Joseph Kahn on Maria Ressa

New York Times managing editor Joseph Kahn presented Rappler editor Maria Ressa with MLRC’s William Brennan Defense of Freedom Award last month in New York City. The following are his opening remarks. Thank you, and I’m honored to be with you tonight. I’m especially honored to be with you because we need you more than…

MLRC Annual Dinner Celebrates Women Journalists on the Campaign Trail

And the William Brennan Defense of Freedom Award Goes to “Besieged Journalists Abroad” More than 600 members and friends of the Media Law Resource Center gathered November 6th in support of MLRC and the causes it represents. Following a cocktail hour underwritten by AXIS Pro, the annual dinner program was presented in two parts. First,…

From the Executive Director’s Desk: Controversies at Top College Newspapers Point to Bizarre Journalistic Standards, Political Correctness Gone Awry

And a Federal Judge Encourages Colleagues to Aggressively Defend Against Trump’s Attacks By George Freeman The world is pretty topsy-turvy these days. As just one example, all the evidence of Trump’s nefarious acts with Ukraine and his quasi-criminal behavior has led to an increase in his approval rating. But for the most part, journalism has…

MediaLawLetter November 2019

 Download Publication MLRC From the Executive Director’s Desk: Controversies at Top College Newspapers Point to Bizarre Journalistic Standards, Political Correctness Gone AwryAnd a Federal Judge Encourages Colleagues to Aggressively Defend Against Trump’s AttacksGeorge Freeman MLRC Annual Dinner Celebrates Women Journalists on the Campaign TrailWilliam J. Brennan Jr. Defense of Freedom Award Goes to “Besieged Journalists…