MediaLawLetter September 2007

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MLRC

MLRC London Conference Explores International Media Law Issues
Content, Newsgathering and New Media Issues Discussed

REPORTER’S PRIVILEGE

N.Y. Sup. Ct.: New York Court Rejects Constitutional Challenge to State’s Shield Law
Criminal Defendant’s Challenge to Shield Law Rejected
People v. Forde

Congress: Senate Judiciary Committee Begins Mark-up of Shield Law Bill
Shield Law Bill S 2035

LIBEL / PRIVACY

10th Cir.: Court Affirms Dismissal of Civil Rights, Privacy Claims Against TV Station
Broadcast of Video Excerpts Was Newsworthy
Anderson v. Suiters

Ill. App.: I Feel Good! – James Brown’s Right of Publicity Claim Survives
Sued Over Photos on Licensing Website
Brown v. Corbis

S.C. Ct. C.P: Jury Orders Station to Pay $4 Million for News Director’s Off-Air Statements
Station Vicariously Liable for Employee’s Bizarre Off Air Statements
Murphy v Jefferson-Pilot Communications

N.H.: N.H. Supreme Court Modifies Prior Rulings on Fair Report Privilege
Court Addresses Issue of Malice and Scope of Privilege
Thomas v. Telegraph Publishing

Ohio Ct. C.P.: Fair Report Privilege Protects Broadcast of Wrong Mug Shot
Accurate Report of Information Supplied by Government Officials
Martinez v. WTVG

D.C. Cir.: Court Reinstates Serbian Businessman’s Defamation Action Against NGO
Description of Plaintiff as a Milosovic Supporter Is Defamatory
Jankovic v. International Crisis Group

3d Cir.: Third Circuit Affirms Dismissal of Libel Complaint Against Website Operator
Claims Over Third Party Comments Barred by Section 230
Dimeo v. Max

N.Y. Sup. Ct.: Newspaper’s Online Version “Separate Edition” for Single Publication Rule
Web Edition Targets Separate Internet Audience
Rivera v. NYP Holdings, Inc.

Pa. Ct. C.P: Court Dismisses Developer’s Libel & Privacy Claims
Plaintiff An All Purpose and Limited Purpose Public Figure
Mendelson v. The Morning Call, Inc.

Ill.: Illinois Becomes Latest State to Enact Anti-SLAPP Legislation
The Citizen Participation Act, 735 ILCS 110/1-110/99

N.Y. Sup. Ct.: Trial Court Dismisses Public Permitee’s Defamation Claim
But Holds that SLAPP Statute Does Not Apply to the Press
Chowlowsky v. Civiletti and Times Review Newspapers

N.D. Ind.: Sanctions Against Plaintiff, Counsel, for Hiding Criminal Record in Discovery
Explanations for Lies “Borderline Ridiculous”
Filippo v. Lee Enterprises

ACCESS / FREEDOM OF INFORMATION

Cal.: California Rejects Privacy Challenge To Disclosure of Public Employee Salaries
Public Employees Have No Reasonable Expectation of Privacy in Their Salaries
International Federation of Professional and Technical Engineers Local 21 v. Superior Court; Commission on Peace Officer Standards and Training v. Superior Court

COPYRIGHT

10th Cir.: Tenth Circuit Imposes Constitutional Scrutiny on Copyright Restoration Act 33
Works in the Public Domain Must Remain in Public Domain, According to Court
Golan v. Gonzalez

Cal. App.: Court Affirms SJ on Implied Contract Claim Against Rounders Motion Picture
Defendants Never Contracted or Received Script from Plaintiff
Grosso v. Miramax Film Corp.

N.D. Cal.: “Breach Of The Fourth Wall” Not Protectable In Copyright Litigation
Lawsuits Over “Faux Movie Trailers”
Identity Arts, LLC. v. Best Buy Enterprise Services; Gee Jeffery & Partners Advertising, Inc. v. Best Buy Co.

COMMERCIAL SPEECH

D. Nev.: Federal Court Strikes Down Restrictions on Advertising of Legal Brothels
Restrictions Failed Central Hudson Test
Coyote Publishing v. Heller

FIRST AMENDMENT

E.D. Mich.: “Courtesy” and “Civility” Provisions of Attorney Conduct Rules Unconstitutional
Rules Found Overbroad and Vague on Their Face
Fieger v. Michigan Supreme Court