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October 2011

MediaLawLetter September 2011


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London Conference Explores International Developments in Libel, Privacy, Newsgathering and New Media Law


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 Malice
Professor Liable for Remarks on Radio Talk Show
Olson v. Westergren

S.C. App.: South Carolina Appeals Court Affirms $10,000 Libel Verdict Against Newspaper
Fair Report Privilege Rejected; Punitive Damage Award Not Supported by Evidence
West v. Morehead

D.C. Sup. Ct.: Redskins Owner Dan Snyder Dismisses Defamation Claim Against Washington City Paper and Sports Columnist Dave McKenna
Newspaper Moved to Dismiss under D.C. Anti-Slapp Statute
Snyder v. City Paper

E.D. Cal.: A&E Wins Anti-SLAPP Motion on Libel Claim Over Gangland Show
Photograph of Plaintiff Did Not Imply Gang Membership
Alexander v. A&E Television Networks, LLC

N.D. Ill./Ill. Cir.: Three Lower Courts Rule on Illinois Anti-SLAPP Statute
Courts Expressing Broad View of Statute
Satkar v. Board of Review; Garrido v. Arena; Trudeau v.

D.N.J.: Emphasizing Interactivity, Court Rules that First Amendment Defeats Right of Publicity Claims Targeting EA’s NCAA Football Video Games
Videogame Protected by Transformative Use Test and Rogers Test 
Hart v. Electronic Arts, Inc.

N.D. Ill.: CBS Awarded Summary Judgment in Illinois Newsgathering Action
No Legitimate Expectation of Privacy for Objects in Plain View
Webb v. CBS Broadcasting

N.Y. Sup.: Newspaper Column About Radicalization of Inmates Protected Opinion
Broad Protection Granted to Commenter’s Views
Rashada v. The New York Post


7st Cir.: Seventh Circuit Upholds Exclusive Media Policies for Public High School Athletics
Rejects First Amendment Challenge to Licensing Scheme
WIAA v. Gannett

1st Cir.: First Circuit Upholds Basic Newsgathering Rights While Embracing Modern Newsgathering Technologies
Cell Phone Videotaping of Police Protected by First Amendment
Glik v. Cunnifee

Ill. Cir.: Illinois Court Rules Eavesdropping Law is Unconstitutional
Citizens Have First Amendment Right to Record Public Officials
Illinois v. Allison


E.D. Mo.: Court Enforces Section 230’s Immunity Provision Despite Creative Attempt to “Plead Around” the Statute
Adult Website Protected from Sex Trafficking Charges
M.A. v. Village Voice Media Holdings


IACHR: Inter-American Court Hears Arguments in First Case Involving Privacy Claim for Reporting on Matters of Public Concern
Argentinian Journalists Accused of Violating Public Official’s Privacy
Fontevecchia and D’Amico v. Argentina


M.D. Fla.: Court Says “Aloha” to Copyright Suit Against Hawaii Publisher Over Obamaland Book
Florida Court Did Not Have Jurisdiction Over Hawaiian Defendant
Edwards v. Trade Publishing Company

S.D.N.Y.: Copyright Claim Against Book Publisher Dismissed Without Discovery
Drawings of Tree Houses Not Substantially Similar
Stiles v. HarperCollins Publishers LLC

2nd Cir.: Second Circuit Rejects Settlement of Electronic Database Copyright Class Action
Interests of All Class Members Inadequately Represented in Settlement
In re: Literary Works in Electronic Databases Copyright Litigation


Cal.: New California Law Prohibits Jurors’ Social Media Use
Jurors Can Be Held in Criminal or Civil Contempt