Prosecutors’ Online Posts and Leaks Grounds for New Trial in Murder Case Use of Social Media and Leaks Prejudiced Fair Trial Rights
Describing it as a “bitter pill to swallow,” a federal judge granted a new trial to five former New Orleans police officers convicted of murder and civil rights violations in the aftermath of Hurricane Katrina. United States v. Bowen, 2013 U.S. Dist. LEXIS 134434 (E.D. La. Sept. 17, 2013) (Engelhardt, J.). In what the judge…
New California Law Criminalizes Photography of Celebrities’ Children
California has increased the criminal penalties for harassment directed toward the children of celebrities or other children harassed because of their parents’ or guardians’ line of work. The new statute increases the crime of general harassment as well as sets up a derivative civil cause of action. Senate Bill 606, which was signed into law…
Ninth Circuit Lacks Appellate Jurisdiction to Review Reporters’ Request for PACER Fee Exemption
The Ninth Circuit has ruled that it does not have the power to review a district judge’s administrative order denying two California reporters an exemption from the fees charged for electronic access to federal court records. In re Gollan, 728 F.3d 1033 (9th Cir. Cal. 2013) (O’Scannlain, Hurtwitz, Piersol, JJ.). Background Journalists Jennifer Gollan and…
Freedom of Information Survey Finds Fewer Resources Devoted to FOIA and Open Government Issues
By Amaris Elliott-Engel A recent Survey has found a substantial decline over the last two to five years in the amount of resources devoted by media organizations to FOIA and open government issues, according to a joint survey of 153 MLRC Defense Counsel Section members and members of the National Freedom of Information Coalition (NFOIC),…
Vermont Newspaper Wins Access to Investigation Records on Police Use of Porn
Public Interest Trumps Privacy Rights of Public Employees By Matthew B. Byrne The Vermont Supreme Court held that documents about the use of pornography by police officers and public employees at work were records that the public has a right to review. Rutland Herald v. City of Rutland, 2013 VT 98 (Oct. 11, 2013). The…
New California Law Protects Journalists’ Records
By Jonathan Segal and Thomas R. Burke Journalists in California must now receive advanced notice if their records are being subpoenaed either directly from them or through a subpoena issued to a third party. California’s new law—an amendment to California Civil Procedure Section 1986.1—was the California Legislature’s unified response to what was seen, by many,…
Fifth Circuit Court of Appeals Vacates Website Takedown Order as Prior Restraint
By Dan Zimmerman and Mary Ellen Roy The United States Fifth Circuit Court of Appeals recently vacated an order that required a website maintained by the plaintiffs in an ongoing action “to be closed and removed immediately, ceasing all operation and publication.” In Marceaux v. Lafayette City-Parish Consolidated Government, 2013 WL 5431473 (5th Cir. 9/30/13),…
Wall Street Journal Succeeds in Lifting UK Reporting Injunction
Four Day Ban on Libor Scandal Reporting By Jason P. Conti, Jacob P. Goldstein Prosecutors from Britain’s Serious Fraud Office raced to court on October 17 to obtain an injunction prohibiting the publication of details of their investigation into alleged manipulation of benchmark interest rates. Matter of R v. Tom Hayes Meanwhile, The Wall Street…
Argentina Supreme Court Protects Online Reposting
Intermediary Liability Doctrine: Same Wine in New Bottle? By Eduardo Bertoni Like other Latin American countries, Argentina does not have specific laws governing liability for online intermediaries for third party posted content. The absence of specific laws on intermediary liability has become particularly problematic in defamation and invasion of privacy cases, with judges applying laws…
ECHR Rules That News Portal Can Be Held Responsible for User Comments
Estonian Ruling Not a Breach of Article 10 By Tim Pinto and Mark Dennis The owner of an online news portal had been found liable by the Estonian courts for defamatory user generated comments posted on that portal, even though it removed the comments promptly upon notification. The European Court of Human Rights has held,…
Libel Suit by Son of Palestinian Authority President Dismissed
D.C. Anti-SLAPP Statute Protects Foreign Policy Magazine and Author By Shaina Jones Judge Emmet Sullivan of the U.S. District Court for the District of Columbia recently granted an anti-SLAPP motion asserted under the District of Columbia’s relatively new statute, dismissing a libel lawsuit against Foreign Policy Magazine and author Dr. Jonathan Schanzer asserted by Yasser…
Michigan Law School Loses Libel Suit Against Plaintiff’s Firm
Criticism of Employment Stats and “Enron” Accounting Hypberbole; No Actual Malice Thomas M. Cooley Law School was not defamed by negative online comments made by plaintiffs lawyers researching a lawsuit over post-graduate law school employment data, a federal judge in Michigan ruled in granting summary judgment for the defendants on all counts. Thomas M. Cooley…
Indiana Supreme Court Vacates Grant of Appeal in Anonymous Speech Case
Newspaper Sought to Shield Identity of Commenter By Steven M. Badger A recent decision by the Indiana Supreme Court leaves news organizations and journalists without needed guidance in Indiana on the procedure for appealing orders compelling disclosure of unpublished or un-broadcast information subpoenaed by a litigant. In re Indiana Newspapers, Inc. v. Miller, 49S02-1305-PL-311 (Ind….
California Appeals Court Affirms Libel Damage Award for Online Posts
A California appellate court affirmed a $24,000 bench damage award, including $4,000 in punitive damages, for defamatory online postings. Sanders v. Walsh, 219 Cal. App. 4th 855 (Cal. App. 4th Dist. 2013) (Ikola, Bedsworth, Moore, JJ.). While acknowledging that defamation claims over online insults, rants, and raves have failed, the court held that the statements…
First Circuit Affirms Dismissal of Fraud Claim Against Medical Journal and Authors
Complaint Failed to Meet Plausibility Standard of Iqbal and Twombly The First Circuit this month affirmed dismissal of an unusual fraud lawsuit brought by medical malpractice plaintiffs against the publisher of a medical journal and individual authors. A.G. v. Elsevier, Inc. et al., No. 12-1559 (Oct. 16, 2013) (Thompson, Selya, Lipez, JJ.). The plaintiffs alleged…
California Court Affirms Anti-SLAPP Win for Documentary Filmmaker
Women Profiled in ‘Tabloid’ Cannot Succeed on Defamation and Related Claims A California appellate court affirmed a motion to strike defamation and privacy claims against documentary filmmaker Errol Morris and the producers of the film “Tabloid.” McKinney v. Morris, 2013 Cal. App. Unpub. LEXIS 7342 (Cal. App. 2d Dist. Oct. 15, 2013) (Grimes, Bigelow and…
Court Dismisses Billionaire GOP Donor’s Defamation Lawsuit Against Democratic Group
Hyperlink to Article Sufficient for Fair Report Privilege to Apply; References to “Tainted” and “Dirty” Money Are Opinion; Attorneys’ Fees Granted under Nevada anti-SLAPP Statute By Matthew E. Kelley and Gayle C. Sproul A hyperlink to a news article describing a court filing is sufficient attribution for an online publication to be considered a fair…
MediaLawLetter October 2013
Download Publication LIBEL & PRIVACY S.D.N.Y.: Court Dismisses Billionaire GOP Donor’s Defamation Lawsuit Against Democratic GroupHyperlink Supported Fair Report Privilege; Nevada anti-SLAPP Statute Applied to ClaimsAdelson v. Harris Cal. App.: California Court Affirms Anti-SLAPP Win for Documentary Filmmaker Women Profiled in ‘Tabloid’ Cannot Succeed on Defamation and Related ClaimsMcKinney v. Morris First Circuit Affirms Dismissal…