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October 2014

MediaLawLetter October 2014


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From the Executive Director’s Desk
European Court Press Spokesmen Model Deserves Serious Consideration


Responding To Take-Down Requests
Requests Tend to Fall into Several Recurring Categories


Ill. App.: Court Affirms Summary Judgment for CBS on Former Journalist’s Defamation, Privacy Claims
Reporter a Public Figure; No Expectation of Privacy in Source’s Backyard
Jacobson v. CBS Broadcasting Inc.

N.J. Super., N.Y. Sup.: Dismissals in Two States Over Police-Supplied Photos of Wrong Suspects
Fair Report Privilege Protects Press
Newbill v. Walgreens; Acadio Rodriguez v. Daily News, LP

W.D. Pa.: Libel and Privacy Claims Over Photo Error Dismissed
Claims Barred by Single Publication Rule
Ghrist v. CBS Broadcasting

N.Y. App.: Court Affirms Dismissal of Libel Claims Brought by Brooklyn Judge
NY Court of Appeals Denies Leave to Appeal
Martin v. Daily News, L.P.

N.D. Fla.: Alleged Cyberbully Loses Defamation Lawsuit Over Arrest Report
TV Station’s Reports About Teen’s Arrest Were Privileged
Jeter v. McKeithen

D. Me.: The End of the Line for Defamation Claims by Railroad and Its CEO Against Trade Newsletter
Statements Either Not Defamatory or Materially Accurate
Pan Am Systems Inc. v. Hardenbergh

Wash.: State’s Highest Court to Decide Constitutionality of Anti-SLAPP Statute
Plaintiffs Challenging Burden of Proof and Stay of Discovery as Unconstitutional
Davis v. Cox

Tex. App.: KTRK Awarded Over $250,000 in Fees and Mandatory Sanctions Under Anti-SLAPP Law
Second Largest Attorneys’ Fees Award
Robinson v. The Walt Disney Comp.

E.D. Pa.: Pennsylvania Federal Court Dismisses Libel Claims
Lack of Personal Jurisdiction and Lack of Defamatory Meaning
Bukstel v. DealFlow Media, Inc.

Miss. App. Court Affirms Summary Judgment for Book Authors
Former FBI Agent Sued Over “Kings of Tort” Book
Neilson v. Dawson


California’s New Consumer Comment Law Leaves Questions and Potential Loopholes
Law Responds to Efforts Requiring Consumers Waive Right to Comment on Business Goods and Services
Assembly Bill No. 2365


S.D.N.Y.: TVEYES Not Dimmed By Claims of Infringement for Complete Copying
Media Monitoring Service Held to Be Fair Use
Fox News Network, LLC v. TVEyes, Inc.

S.D.N.Y.: Dow Jones Awarded $5 Million in Hot-News Misappropriation Case
Defendant Was Copying and Pasting from Dow Jones’s Journalists
Dow Jones & Co v. Real-Time Analysis & News Ltd.


Ind.: Death Certificates Are Public Records Under Indiana’s Records Law
Public Interest in Access Outweighs Privacy Right
Evansville Courier & Press v. Vanderburgh County Health Department

Tex. App.: Texas Courts Analyze Access to Juvenile Court Proceedings
In re Fort Worth Star-Telegram; In Re A.J.S.


U.S.: Supreme Court to Decide “True Threats” Case Involving Online Speech
Is Proof of Subjective Intent Required to Convict?
Elonis v. U.S.

E.D. Ky.: Libertarian Senate Candidate Not Entitled to Participate in TV Debate
“First Amendment Is Not a Rule of Quantity at Any Cost”
Libertarian National Committee v. Holiday