MediaLawLetter September 2005

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MLRC

London Conference Explores Developments in International Media Law

Mock Trial Explores Libel and Responsible Journalism

Legislative Update: Criminalizing Leaks of Information?

Ethics: Does an Officer of the Court Owe a Duty To Disclose Clients Confidences About Their Confidential Sources

LIBEL & PRIVACY

Canada: No Jurisdiction Over the Washington Post in Internet Libel Case
Court considered unenforceability of judgment under U.S. law
Bangoura v. Washington Post

3rd Cir.: Failure to Charge Jury on Presumed Damages Was Not Reversible Error
Affirms trial judgment for New York Times
Franklin Prescriptions v. New York Times

2nd Cir.: Court Reinstates Libel Suit Over Press Reports of Audit
Reports could be found false and were not fair summaries of audit
Karedes v. Village of Endicott

9th Cir.: Court Affirms Summary Judgment in Favor of Amos Press
Magazine published “subscriber alert” about plaintiff
I.C. Marketing, Inc. v. Amos Press

N.Y. App.: Restaurant Ratings and Reviews Are Protected Opinion
Restaurant ratings and reviews “almost invariably” opinion
Themed Restaurants Inc. v. Zagat Survey LLC

Wash. App.: Appeals Court Overturns Law Punishing False Campaign Statements
Statute struck down under strict scrutiny analysis
Rickert v. State, Public Disclosure Com’n

Okla.: Former State Senator’s Criminal Libel Complaint Rejected
Prosecutor declines to prosecute political website

Ill. Cir. Ct.: Criminal Defendant’s Defamation Claim Founders on Privileges
Court applied virtually absolute fair report privilege
Schwager v. Ricchio

Nev. Dist. Ct.: Casino Investigation Company Loses Libel Case Declares Bankruptcy
Company files after losing suit to accused “advantage gamblers”
In re Griffin Investigations

REPORTER’S PRIVILEGE

11th Cir.: Panel Modifies Duty of Media Counsel in Confidential Source Case
Court considers defense counsel’s duty where source gives false testimony
Price v. Time Inc.

D.R.I.: Source from Taracani Case Sentenced for Leaking Video
Rhode Island v. Bevilaqua

ACCESS/ FREEDOM OF INFORMATION

3rd Cir.: Court Vacates Sweeping Gag Order in Retaliation Suit Against Police
Broad allegations of harm insufficient to show “good cause”
Shingara v. Skiles

N.D. Ohio: Mug Shots Released Once Again in Sixth Circuit
Ohio newspaper challenged post-Favish policy
Beacon Journal v. Dept. of Justice

D. Mich.: Detroit Free Press Wins Attorney Fee Award in Mug Shot FOIA Case
Michigan newspaper challenged U.S. Marshals Service policy
Detroit Free Press v. Dept. of Justice

D. Ala.: Media Intervention in Scrushy Case Improves Access
Media coalition challenges sealing orders
U.S. v. Scrushy

Colo.: Public Records Law Does Not Cover Elected Official’s Personal E-Mail
Explicit E-mails Between Government Employees Not Subject to Disclosure
Denver Publishing Co. v. County of Arapahoe

Pa. Ct.: University Coach’s Salary Subject to Disclosure
Allows public to evaluate “wisdom” of state spending
Pennsylvania State Univ. v. States Employees Retirement Board

M.D. Fla.: Newspaper Companies Spar Over Courthouse Confidentiality
Filings under seal require showing of extraordinary circumstance
Cox Enterprises, Inc. V. News-Journal Corporation

COPYRIGHT / TRADEMARK

S.D.N.Y.: Court Dismisses Copyright Claim Over Fossil Photo
Freelancer loses to National Geographic
Psihoyos v. National Geographic

CYBERSPACE

4th Cir.: Fourth Circuit Address Cybergriper Trademark Issues
No likelihood of confusion
Lamparello v. Falwell

Mich. & Utah: States Enact Kids “Do Not E-Mail” Registries
Statutes require marketers, publishers to scrub e-mail lists

BROADCAST

N.D.N.Y.: Agency’s Coercive Letters to Broadcasters Violate First Amendment Rights
Kevin Trudeau granted preliminary injunction
Trudeau v. New York State Consumer Prot. Bd.

INTERNATIONAL

Australia: Australian Defamation Law Reform
Victoria’s push for uniform defamation laws

UK: Court Grants Media Access to Pleadings
Ruling provides authority for opening up court files

UPDATES

10th Cir.: Court Discusses Overbreadth and Vagueness in Final Judgment Context
No jurisdiction to hear appeal of vagueness ruling
Jordan v. Pugh

FRAP: Judicial Conference Votes to Allow Citation to Unpublished Opinions
New rule 32.1 might take effect January 2007

Poll: Channel One Polls Teenagers’ First Amendment Knowledge
Poll released in anticipation of first National Constitution Day

8th Cir.: Code of Judicial Conduct’s Limitations on Campaign Activity Violate First Amendment
Restrictions on partisan political activity unconstitutional
Republican Party of Minnesota v. White