New California Law Prohibits Jurors’ Social Media Use
By Eric P. Robinson On Aug. 5, California Governor Jerry Brown approved a new statute which clarifies that jurors may not use social media and the Internet – such as texting, Twitter, Facebook, and Internet searches – to research or disseminate information about cases, and can be held in criminal or civil contempt for violating these…
Second Circuit Rejects Settlement of Electronic Database Copyright Class Action
Holds Interests of All Class Members Inadequately Represented in Settlement On August 17, 2011, a three-judge panel of the Second Circuit Court of Appeals, by a 2-1 margin, again vacated a district court order approving an $18 million settlement (“Settlement”) in a long running copyright dispute over the republication of freelancers’ work in electronic databases. …
Copyright Claim against Book Publisher Dismissed Without Discovery
Drawings of Tree Houses Not Substantially Similar By Slade R. Metcalf and Rachel F. Strom A federal judge in New York followed the Second Circuit’s novel ruling in Peter F. Gaito Architecture, LLC v. Simone Dev. Corp., 602 F.3d 57 (2d Cir. 2010) that, in copyright infringement actions, a District Court can dismiss the case…
Florida Court Says “Aloha” to Copyright Suit Against Hawaii Publisher Over Obamaland Book
By Drew E. Shenkman & Charles D. Tobin A Florida federal court has dismissed a copyright infringement lawsuit brought by a Florida woman against the Hawaiian publisher of Obamaland: Who is Barack Obama?, a book about President Barack Obama’s formative years in his native Hawaii. Adopting the reasoning of a magistrate judge’s Report and Recommendation…
Inter-American Court of Human Rights Hears Arguments in First Case Involving Privacy Claim for Reporting on Matters of Public Concern
By Natalie Reid and Ivona Josipovic In late August 2011, the Inter-American Court of Human Rights held a hearing in the case of Fontevecchia & D’Amico v. Argentina, in which two Argentine journalists contend that Argentine courts breached their right to freedom of expression by upholding an invasion of privacy suit President Carlos Menem brought…
Missouri Federal Court Enforces Section 230’s Immunity Provision Despite Plaintiff’s Creative Attempts To “Plead Around” The Statute
By Michael Nepple A sympathetic plaintiff’s creative attempts to avoid Section 230’s immunity provision in an action against backpage.com, LLC (“Backpage”) was unsuccessful in M.A. ex rel P.K. v. Village Voice Media Holdings, LLC, 2011 WL 3607660 (E.D. Mo. Aug. 15, 2011). The court, following controlling § 230 precedents, dismissed plaintiff’s complaint that sought to…
Illinois Court Rules Eavesdropping Law Is Unconstitutional
Citizens Have a First Amendment Right to Record Public Officials Carrying Out Their Duties in Public Places By Richard J. O’Brien, Linda R. Friedlieb & Matthew D. Taksin The growing prevalence of cell phones with audio and video recording capabilities has raised First Amendment issues in light of a handful of states’ eavesdropping statutes. The…
First Circuit Upholds Basic Newsgathering Rights While Embracing Modern Newsgathering Technologies
By Carol E. Head In the recent decision, Glik v. Cunnifee, 2011 WL 3769092 (1st Cir. Aug. 26, 2011), the First Circuit reinforced the constitutional right to make video and audio recordings of public officials discharging public duties, even if recorded by a non-traditional journalist (a passerby) using non-traditional media (a cell phone). As such,…
Seventh Circuit Upholds Exclusive Media Policies for Public High School Athletics
Rejects First Amendment Challenge to Licensing Scheme By Robert Dreps The U.S. Court of Appeals for the Seventh Circuit has rejected a First Amendment challenge to the exclusive media rights and licensing policies of the Wisconsin Interscholastic Athletic Association at public high school athletics tournaments. Wisconsin Interscholastic Athletic Association v. Gannett Co., Inc., No. 10-2627. The…
Newspaper Column About Radicalization of Inmates Is Protected Opinion
By Collin J. Peng-Sue Last month, a New York state court judge emphasized the broad protection for a commentator’s personal views in the context of a column in the “opinion section” of a newspaper. In Rashada v. The New York Post, Index. No. 100776/11 (Sup. Ct. N.Y. Cnty. Aug. 11, 2011), Justice Saliann Scarpulla found…
CBS Awarded Summary Judgment in Illinois Newsgathering Action
No Legitimate Expectation of Privacy for Objects in Plain View By Katharine Larsen An Illinois district judge granted summary judgment in favor of CBS Broadcasting Inc. in an action involving intrusion upon seclusion and intentional infliction of emotional distress claims. Webb v. CBS Broadcasting Inc., No. 1:08-cv-06241, 2011 WL 4062488 (N.D. Ill. Sept. 13, 2011)…
Emphasizing Interactivity, Court Rules that First Amendment Defeats Right of Publicity Claims Targeting EA’s NCAA Football Video Games
By Samuel Bayard and Elizabeth McNamara On Sept. 9, 2011, Judge Freda Wolfson of the United States District Court for the District of New Jersey granted summary judgment for Electronic Arts (“EA”) on the claims of a putative class of NCAA football players that EA had misappropriated their likeness and identity under New Jersey law…
Three Lower Courts Rule on Illinois Anti-SLAPP Statute
By Steve Mandell, Steve Baron, and Shari Albrecht Three courts have recently ruled on motions to dismiss pursuant to Illinois’s anti-SLAPP statute, the Citizen Participation Act (CPA or ICPA). The results are mixed (two motions granted, one denied), but overall the courts have expressed a broad view of the statute’s protection. Background The CPA provides…
A&E Wins Anti-SLAPP Motion on Libel Claim Over Gangland Show
Photograph of Plaintiff Did Not Imply Gang Membership A California federal district court granted an anti-SLAPP motion and dismissed a defamation suit against A&E Television Networks (“A&E”) over the use of a photograph of plaintiff in an episode about a violent motorcycle gang. Alexander v. A&E Television Networks, LLC, No. 2:11-cv-00025-GEB-DAD, 2011 U.S. Dist. LEXIS…
Redskins Owner Dan Snyder Dismisses Defamation Claim Against Washington City Paper And Sports Columnist Dave McKenna
By Alia L. Smith Dan Snyder, the owner of the Washington Redskins, dropped his defamation action against Washington City Paper (WCP) and its reporter Dave McKenna this month, after Defendants filed a special motion to dismiss the lawsuit pursuant to D.C.’s newly-enacted anti-SLAPP legislation. The Cranky Redskins Fan’s Guide to Dan Snyder On November 19,…
South Carolina Appeals Court Affirms $10,000 Libel Verdict Against Newspaper
Fair Report Privilege Rejected The South Carolina Court of Appeals affirmed a jury verdict against a South Carolina alternative newspaper, holding that 1) the paper was not protected by the fair report privilege and 2) the jury had sufficient evidence of fault to find in favor of the private figure plaintiff. West v. Morehead, 2011…
Texas Appeals Court Affirms Jury Finding of Actual Malice
Professor Liable for Remarks on Radio Talk Show In an interesting non-media libel case, a Texas appellate court affirmed a jury verdict for a public figure plaintiff, holding there was clear and convincing evidence of actual malice to support the verdict. Olson v. Westergren, No. 13-10-00054-CV (Tex. App. Aug. 18, 2011) (Valdez, Rodriguez, Garza, JJ.)….
New Jersey Appellate Division Affirms Summary Judgment Dismissing Donald Trump’s Defamation Claim Against Book Author and Publisher
On September 7, 2011, the Superior Court of New Jersey, Appellate Division, affirmed a grant of summary judgment dismissing in full Donald J. Trump’s defamation suit against author Timothy L. O’Brien and his publisher, Time Warner Book Group Inc. and Warner Books Inc. Trump v. O’Brien, et al., No. A-6141-08T3, 2011 WL 3903013 (N.J. App….
MLRC London Conference Explores International Developments in Libel, Privacy, Newsgathering and New Media IP Law
Over 200 delegates from around the world attended MLRC’s London Conference on September 19-20 at Stationers’ Hall. This was MLRC’s seventh and largest conference in London, including lawyers from Argentina, Malaysia, Philippines and the Ukraine. The Conference began with an update on the Defamation Reform Bill from Lord Lester QC, one of the inspirations for…
MediaLawLetter September 2011
Download Publication MLRC London Conference Explores International Developments in Libel, Privacy, Newsgathering and New Media Law LIBEL & PRIVACY N.J. App.: Court Affirms Summary Judgment Dismissing Donald Trump’s Defamation Claim Against Book Author and Publisher Estimates of Trump’s Wealth Not Published with Actual Malice Trump v. O’Brien Tex. App.: Court Affirms Jury Finding of Actual…