MediaLawLetter October 2008

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MLRC

First Amendment Leadership Award Presented to Hal Fuson
For Extraordinary Contributions To Free Speech And Press

NAA/NAB/MLRC Media Law Conference
Conference Explores “New Legal Visions for the Evolving Media World”

Ethical Implications of Attorneys Advertising Their Listing in “Super Lawyers” of “Best Lawyers in America”

SUPREME COURT

U.S.: Newspapers Seek Review of Third Circuit Decision Allowing a “Supersealed” Case
Cert Petition Should Be Heard in November
The New York Law Publishing Company, The Legal Intelligencer and The Pennsylvania Law Weekly v. Jane Doe, C.A.R.S Protection Plus, Inc. and Fred Kohl

REPORTER’S PRIVILEGE

N.J. App.: Appellate Division Applies News Privilege to Book about Donald Trump
Information about Trump, Regardless of “Tone”, Was News Covered By Privilege
Trump v. O’Brien

N.Y. Sup. Ct.: Court Quashes Subpoenas for Majority of Discovery Sought by Donald Trump from New York Times Executives
In re Trump v. Sulzberger

Pa.: Pennsylvania Supreme Court Upholds Absolute Protections of State Shield Law
Court Declines to Engraft “Crime-Fraud” Exception to Shield Law
Castellani v. Scranton Times

Ore. Cir. Ct.: Newspaper Uses Shield law to Quash Subpoena Seeking Identity of Online Commentator
Posters Identity Was Unpublished Information
Doe v. TS et al.

LIBEL / PRIVACY

Fla.: Lights Out on False Light in Florida
Supreme Court Rejects Tort
Rapp v. Jews for Jesus; Anderson v. Gannett

Ohio C.P.: Ohio Newspaper Wins Libel Trial Over Erroneous Report on Indictment
Plaintiff Failed to Prove Mistake Was Negligent
Flippen v. Gannett

Ore.: Oregon Supreme Court Affirms Fraud Judgment Against Yellow Pages Publisher
Court Found that Publisher Participated in Fraud By Creating Ad
Knepper v. Dex Media

Cal. App.: California Anti-SLAPP Statute Applies to Alleged Assault by Press Photographer
Plaintiff Can’t Frustrate Statute by Pleading Illegal Conduct
Yan v. Sing Tao Newspapers

S.D.N.Y.: New York Court Make Benefit Glorious Borat Movie
Three More Lawsuits Over Movie Dismissed
Psenicska v. Twentieth Century Fox Film Corporation et al.

Cal. Sup. Ct.: Update: Newspaper Publisher’s Defamation Suit Against Freelance Journalist Dismissed
Anti-SLAPP Motion Granted
Ampersand Publishing v. Paterno

N.D. Ohio: Cleveland Scene Wins Summary Judgment on Claims Over Investigative Article
Doctor Did Not Lose Public Figure Status Over Time
Patrick v. Cleveland Scene

Mich. App.: Summary Judgment Affirmed for Detroit News on Claims by Strip Club Owner
Public Figure Plaintiff Failed to Show Actual Malice
Hamilton v. Detroit News, Inc.

Ill. Cir. Ct.: Planned Parenthood Wins Motion to Dismiss under the New Anti-SLAPP Statute
Speech Aimed to Procure Favorable Government Action Found Protected
Scheidler et al. v. Trombley, et al.

Ill. Cir. Ct.: Condo Developer Cannot Sue for Defamation Based on Allegedly Mistaken Identity
Innocent Construction Rule Applied
Wright Development Group LLC v. Walsh

CYBERSPACE

N.D. Ohio: Ohio Court Finds No Jurisdiction Over California-based Gossip Blog
Website Did Not Target Ohio
Wargo v. Lavandeira

9th Cir.: Ninth Circuit Rejects Personal Jurisdiction in Contract Claim Over eBay Sale
Single Sale Is Not Purposeful Availment
Boschetto v. Hansing

Ohio App.: Court Reverses Criminal Harassment Conviction Over MySpace Posting
State Failed to Prove Intent to Harass
State v. Ellison

INTERNATIONAL

Canada: Canadian Human Rights Tribunal Dismisses Complaints Against Maclean’s Magazine
Magazine Accused of Insulting Muslims

ACCESS / FREEDOM OF INFORMATION

S.D.N.Y.: Judge Permits Courtroom View Network to Live-Record Trial
Decision Recognizes Importance of Technological Innovations
E*Trade Financial v. Deutsche Bank

2nd Cir.: A Decision Worth 21,000 Words
Photos Depicting Abuse of Detainees Not Exempt Under FOIA
ACLU v. Department of Defense