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September 2012

MediaLawLetter September 2012


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Fla. App.:  Florida Jury Should Have Been Allowed to Decide Shock Jock Private Facts Claim
Directed Verdict for Defense Was Error
Doe v. Beasley Broadcasting Group Inc., et al.

E.D. Tenn.: Tripadvisor’s “Dirtiest Hotel” Ranking Protected Opinion
Hotel Owner’s Complaint Dismissed for Failure to State Claim
Seaton d/b/a Grand Resort Hotel & Convention Ctr. v. Tripadvisor

N.Y. Sup.: Harsh Online Review of Doctor Not Defamatory As a Matter of Law
Statements Were Protected Opinion
Tener v. Cremer

N.J. App.: Subpoena to Google for Identity of Blog Posters Was Properly Denied
Court Applies Dendrite Standards
Somerset Development v. Cleaner Lakewood

Fla. Cir.: Florida Judge Dismisses “Fun Center” Defamation Lawsuit
Court Strictly Applied Notice Statute
C & D MacConnell’s, Inc. d/b/a “Ollie Wallie’s Fun Center” v. Gray Television Group, Inc. d/b/a WCTV

9th Cir.: Legal Blonde Bombshell
Ninth Circuit Holds That Marilyn Monroe’s Right of Publicity Died with Her
Milton H. Greene Archives, Inc. v. CMG Worldwide Inc.

N.D. Ga.: Federal Court Asks for Help in Girls Gone Wild Privacy Case
Georgia Supreme Court Asked to Clarify Misappropriation and Consent Issues
Bullard v. MRA Holding, LLC and Mantra Films, Inc.


Mass.: Supreme Judicial Court Holds That Rape Shield Law Does Not Preclude Public Access to Search Warrant Affidavit
Search Warrant Materials Presumptively Public After Filed in Issuing Court
Commonwealth v. George W. Prescott Publishing Co., LLC

U.S.: Media Coalition Seeks Supreme Court Review of “State Only” FOI Law
Fourth Circuit Held Restriction Was Only an Incidental Burden
McBurney v. Young


Ending Hostile Legal Environments Abroad: An Anthology
Anthology Presents Accounts of 15 Law Reform Experts
Exporting the Matrix: The Campaign to Reform Media Laws Abroad

Philippines: New Cybercrime Law Makes Online Libel a Crime
Law Contains Tough New Punishments for Libel
Cybercrime  Prevention Act of 2012


9th Cir.  Publishers’ Lawsuit Against Arizona Sheriff Arpaio and Special Prosecutor May Proceed
En Banc Ninth Circuit Panel Reinstates Suit
Lacey v. Maricopa County

Fla, N.C.:  A Tale of Two Conventions
Newsgathering at the Republican and Democratic Conventions

N.J. App.: Documentary Filmmaker Can Sue NJ Police For Civil Rights Violations
No Qualified Immunity Since Filmmaking Is Protected Newsgathering
Ramos v. Flowers, et al.


2d Cir.: Online Streaming of Television Programming Not a “Cable System” Under Copyright Act
Second Circuit Affirms Preliminary Injunction
WPIX, Inc. et al v. ivi, Inc.