MediaLawLetter October 2013
LIBEL & PRIVACY
S.D.N.Y.: Court Dismisses Billionaire GOP Donor’s Defamation Lawsuit Against Democratic Group
Hyperlink Supported Fair Report Privilege; Nevada anti-SLAPP Statute Applied to Claims
Adelson v. Harris
Cal. App.: California Court Affirms Anti-SLAPP Win for Documentary Filmmaker
Women Profiled in ‘Tabloid’ Cannot Succeed on Defamation and Related Claims
McKinney v. Morris
First Circuit Affirms Dismissal of Fraud Claim Against Medical Journal and Authors
Complaint Failed to Meet Plausibility Standard of Iqbal and Twombly
A.G. v. Elsevier, Inc. et al.
Cal. App.: California Appeals Court Affirms Libel Damage Award for Online Posts
Statements Were Fact Not Opinion
Sanders v. Walsh
Indiana Supreme Court Vacates Grant of Appeal in Anonymous Speech Case
Newspaper Sought to Shield Identity of Commenter
In re Indiana Newspapers, Inc. v. Miller
W.D. Mich.: 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 v. Kurzon Strauss, LLP
D.D.C.: Libel Suit by Son of Palestinian Authority President Dismissed
D.C. Anti-SLAPP Statute Protects Foreign Policy Magazine and Author
Abbas v. Foreign Policy Magazine, et al.
INTERNATIONAL
ECHR Rules That News Portal Can Be Held Responsible for User Comments
Estonian Ruling Not a Breach of Article 10
Delfi v. Estonia
Argentina Supreme Court Protects Online Reposting
Intermediary Liability Doctrine: Same Wine in New Bottle?
Sujarchuk v. Warley
UK: Wall Street Journal Succeeds in Lifting UK Reporting Injunction
Four Day Ban on Libor Scandal Reporting
Matter of R v. Tom Hayes, Terry Farr and James Gilmour
PRIOR RESTRAINT
Fifth Circuit Court of Appeals Vacates Website Takedown Order as Prior Restraint
Trial Court Accused Litigants of Attempting to Try Case in the Press
Marceaux v. Lafayette City-Parish Consolidated Government
REPORTERS PRIVILEGE
Cal.: New California Law Protects Journalists’ Records
Advance Notice Required When Third Parties Are Subpoenaed
Section 1986.1
ACCESS
Vt.: Vermont Newspaper Wins Access to Investigation Records on Police Use of Porn
Public Interest Trumps Privacy Rights of Public Employees
Rutland Herald v. City of Rutland
MLRC: Freedom of Information Survey Finds Less Resources Devoted to FOIA and Open Government Issues
Ninth Circuit Lacks Appellate Jurisdiction to Review Reporters’ Request for PACER Fee Exemption
Should Congress Fashion an Appellate Review Mechanism?
In re Gollan
NEWSGATHERING
Cal.: New California Law Criminalizes Photography of Celebrities’ Children
Celebrities Testified About Harassment
Senate Bill 606
E.D. La.: Prosecutors’ Online Posts and Leaks Grounds for New Trial in Murder Case
Use of Social Media and Leaks Prejudiced Fair Trial Rights
U.S. v. Bowen