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MediaLawLetter September 2010
Download Publication LIBEL & PRIVACY W.D. Wash.: Court Issues First Order Dismissing Claim Under Anti-SLAPP lawInvasion of Privacy and Misappropriation Charges Against Sicko Producers DismissedAronson v. Dog Eat Dog Films, Inc. N.Y. Sup.: Court Dismisses Doctor’s Libel Suit Against Daily NewsBut Declines to Extend Anti-SLAPP Statute to Media DefendantsRubel v. Daily News, LP D. Mass.:…
Under Pressure Craigslist Removes “Adult Services” Section
Seemingly acquiescing to the demands of state attorneys general, Craigslist, the online classified ads website, recently removed the “Adult Services” section of its website in the United States. Initially Craigslist kept the link on its site covered by a black bar reading “censored” – suggesting the removal was a temporary protest. However, Craigslist later removed…
TOPICS : Section 230
Ninth Circuit Holds Tattooing Is Protected Expressive Activity
Tattooing is “purely expressive activity fully protected by the First Amendment,” a Ninth Circuit panel ruled this month, striking down Hermosa Beach’s complete ban on tattoo parlors. Anderson v. Hermosa Beach, No. 08-56914 (Sept. 9, 2010) (Bybee, Noonan, Clifton, JJ.). Departing from lower courts addressing the issue, the court found that the process of tattooing,…
Turkey Violated European Convention By Failing to Protect Journalist’s Life and Freedom of Expression
On September 14, 2010, the European Court of Human Rights ruled that Turkish authorities failed in their duty to protect the life and freedom of expression of murdered journalist Firat (Hrant) Dink, in violation of Articles 2, 10 and 13 of the European Convention of Human Rights. Dink v. Turkey (applications no. 2668/07, 6102/08, 30079/08,…
TOPICS : International
European Court of Human Rights Reaffirms Source Protection Materials May Not Be Seized Absent Prior Impartial Review
The European Court of Human Rights (ECHR) held in a unanimous Grand Chamber decision issued on September 14, 2010 that a Dutch law permitting law enforcement authorities to seize journalistic materials without first conducting a hearing before an independent, impartial, and non-executive body violated journalists’ right to keep source identities confidential. Sanoma Uitgevers B.V. v….
TOPICS : International, Reporters Privilege
Other Side of the Pond: Libel Reform, CFA’s, Phone Hacking Scandal, Super Injunctions, ECHR Updates
Underlining the fact the last few months in the United Kingdom has been largely about what is to happen rather than what has happened, one of the most significant developments was the statement on 9 July by Lord McNally, Minister of Justice in the new coalition government, about the government’s plans for libel reform. This…
TOPICS : International
Supreme Court Upholds Statute Prohibiting “Material Support” to Terrorist Organizations
In a 6-3 decision, the Supreme Court upheld the constitutionality of a federal statute that makes it a crime to provide material support to designated foreign terrorist organizations. Holder, et al. v. Humanitarian Law Project, et al., No. 08-1498 (June 21, 2010). In a decision written by Chief Justice Roberts and joined by Justices Stevens,…
TOPICS : Newsgathering
NFL Sacked by the Sherman Antitrust Act
In a ruling that is still sending tremors across professional sports leagues, the U.S. Supreme Court held that the licensing activity (e.g., selling branded merchandise items like jerseys, hats and t-shirts) of the National Football League, its 32 separately owned teams, and the teams’ jointly owned affiliate is concerted activity subject to antitrust scrutiny. The…
TOPICS : Trademark
Judge Issues Prior Restraint Against Legal Newspaper
The National Law Journal successfully fought off a prior restraint after a District of Columbia Superior Court judge decided to “throw 80 years of First Amendment jurisprudence out the window” in late July by enjoining the legal newspaper from publishing information lawfully obtained from public court files about a regulatory investigation into pomegranate juice maker…
TOPICS : Prior Restraint
Fifth Circuit Affirms Dismissal of Roger Clemens’ Libel Suit Against Trainer
A divided Fifth Circuit panel recently affirmed dismissal of a defamation suit brought by Roger Clemens against his former athletic trainer, finding that the allegedly defamatory statements made by the defendant about steroid use had too tenuous a connection to the forum state of Texas to support personal jurisdiction. Clemens v. McNamee, No. 09-20625, 2010…
Ninth Circuit Dismisses Right of Publicity Claims Over UK Newspaper’s CD Promo
In a decision that may find application in a variety of trans-national media disputes, the Ninth Circuit affirmed dismissal of Lanham Act and right of publicity claims in a case involving well-known musicians connected with the Beach Boys. Love v. Associated Newspapers, Ltd, 611 F3d 601 (9th Cir July 2010) (Thomas, Silverman, Fogel, JJ.). This…
TOPICS : Defamation, Right of Publicity
New York Trial Court Dismisses Right of Publicity and Defamation Claims Arising Out of Use of Photograph in Comedy Film
A New York trial court recently dismissed an action against NBC Universal and Universal City Studios LLLP arising out of the use of plaintiff’s photograph in a prop brochure for the movie Couples Retreat. Krupnik v. NBC Universal, No. 103249/10 (N.Y. Sup. Ct. June 29, 2010) (Sherwood, J.). Deciding defendants’ motion to dismiss, the court…
TOPICS : Right of Publicity
Documentary Filmmakers Prevail In Defamation Suit By Dominican Sugar Executives
Two brothers who control a prominent sugar consortium in the Dominican Republic have been held to be public figures for purposes of a documentary film depicting the treatment of cane-cutters on Dominican plantations and therefore could not maintain their defamation claims against the filmmakers in the absence of evidence of actual malice. On August 16,…
TOPICS : Fault
New York Court Dismisses Doctor’s Libel Suit Against Daily News
The New York Supreme Court dismissed a defamation action against the Daily News by a doctor who alleged that an article in the newspaper falsely identified and wrongly implicated him in the death of a mentally ill patient in the psychiatric waiting room area at Kings County Hospital. Rubel v. Daily News, LP, No. 100023/09…
TOPICS : Anti-SLAPP, Fair Report & Other Privileges
Washington Federal Court Issues First Order Dismissing Claim Under Washington’s Newly Enacted Anti-SLAPP law
In the first decision to apply Washington’s enhanced anti-SLAPP statute, a federal district court in Washington granted defendant’s special motion to strike, and dismissed claims of invasion of privacy and misappropriation against the producers of the documentary film Sicko. Aronson v. Dog Eat Dog Films, Inc., 2010 U.S. Dist. LEXIS 91417 (W.D. Wash. Aug. 31,…
TOPICS : Anti-SLAPP