MediaLawLetter October 2009

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MLRC

MLRC London Conference

A Tribute to David Kohler

SUPREME COURT

U.S.: Court Appears Poised to Strike Down Ban on Depictions of Animal Cruelty
Encouraging Hour of Argument for Free Speech Advocates
U.S. v. Stevens

U.S.: “We Thought We Had a Deal”
Court Hears Arguments Whether Section 411(a) of the Copyright Act Is Jurisdictional
Reed Elsevier Inc. v. Pogrebin

FIRST AMENDMENT

4th Cir.: Court Holds Publisher and Author Liable Under Federal Securities Laws
First Amendment Protections Do Not Apply to Speech about Stocks
SEC v. Pirate Investor

LIBEL & PRIVACY

Miss. Cir. Ct.: Mississippi Jury Rules in Favor of TV Station in Libel by Implication Case
TV Station Argued Report Was True; Not Negligent
Hudson v. WLOX-TV

Cal. Super.: Jury Awards $16.57 Million in Wrongful Death Lawsuit Over Radio Contest
Woman in “Hold Your Wee for a Wii” Contest Died of Water Intoxication
Strange v. Entercom Sacramento

N.Y. Sup. Ct.: Radio Host Wins New York Libel Trial
Curtis Sliwa Sued for Comments Made at Televised University Forum
Wahaj v. Sliwa

Cal.: Compounding the Felony: California’s Amended Anti-Paparazzi Statute
New Law Will Extend Liability to Publishers with “Actual Knowledge” of Violation
A.B. 524

Cal.: Governor Schwarzenegger Signs Libel Tourism Bill
Foreign Libel Judgments Must Comply with Fed and State Speech Protections
S.B. 320

Fla. App.: Florida Appeals Court Applies Shield Law in Libel Case
Privilege Not Waived By Inadvertent Disclosure or Fault Defense
TheStreet.com v. Carroll

W.D. Wash.: News Report on Investigation of Classroom Assault Allegation Did Not Invade Teacher’s Privacy
No Right of Privacy to Bar Media from Reporting Allegations of Misconduct
Cawley-Herrmann v. Meredith Corp.

C.D. Cal.: NFL Hall Of Famer Jim Brown’s Lanham Act Claim Against Electronic Arts Dismissed
Claims Over Video Game Barred by the First Amendment
Brown v. Electronic Arts, Inc.

N.Y. App.: NY Appellate Court Dismisses Dan Rather’s Case Against CBS
Court Dismisses Contract, Fraud and “Defamation in Disguise” Claims
Rather v. CBS Corp.

Ill.: Illinois Supreme Court Bolsters Innocent Construction Rule and Raises Pleading Standards For Certain Defamation Per Se Claims
Broad Application of Innocent Construction Rule
Green v. Rogers

Ga. Sup.: Ct. Anti-SLAPP Ruling Ends Gun Dealers’ Suit Against Michael Bloomberg and NY Officials
Adventure Outdoors, Inc. et al. v. Bloomberg, et al

4th Cir.: Court Reverses Intrusion, Emotional Distress Award in Funeral Protest Case
Vulgar Statements Protected by First Amendment
Snyder v. Phelps

ACCESS

7th Cir.: Judge Reprimanded for Opening Illinois Courtroom to Cameras
Judge Allowed Camera Coverage of High Profile Settlement Hearing
In Re Complaint Against District Judge Joe Billy McDade

ETHICS

Unsolicited E-Mail Communications and Web Site Design
ABA Model Rule 1.18