Fourth Circuit Gives First Amendment Protection to a Facebook ‘Like’
Facebook Like is Both Pure Speech and Symbolic Speech A Facebook ‘like’ can be protected public employee speech, the Fourth Circuit ruled in the case of several former sheriff’s deputies who sued for reinstatement to their old jobs after they supported their boss’s electoral opponent. Bland v. Roberts, No. 12-1671 (4th Cir. Sept. 18, 2013)…
Fourth Circuit Rejects Alcohol Advertising Ban in College Newspapers
A divided Fourth Circuit panel ruled that a ban on alcohol ads in Virginia college student newspapers fails the Central Hudson test and violates the First Amendment. Educational Media Co. v. Insley, No. 12-2183 (4th Cir. Sept. 25, 2013) (Thacker, King, Shedd, JJ.). The majority found that the ban could not survive an as applied…
Court Relies on Forum Selection Clause to Dismiss Claims Against Reality TV Producers
By Cameron Stracher After a wild flurry of legal proceedings, including a temporary restraining order issued against defendants’ motion to dismiss, a motion to quash defendants’ motion to dismiss, and a motion to compel discovery prior to adjudication of defendants’ motion to dismiss, a Louisiana district court finally granted defendants’ motion to dismiss for improper…
Aliens and Cowpokes Invade a Texas Federal Court
By Alicia Wagner Calzada With a bit of flair, a federal judge ruled – on multiple grounds – that the copyright in an eleven-page comic, which was self-published by an Austin man in the mid 1990’s, was not violated by the making of the 2011 film Cowboys & Aliens or the graphic novel on which…
Wisconsin Federal Court Finds Satirical T-Shirt of Mayor Is Fair Use
A Wisconsin photographer lost his copyright infringement lawsuit over the use of one of his photographs on a satirical T-shirt. Kienitz v. Sconnie Nation, No. 12-464 (W.D. Wisc. Aug. 14, 2013) (Crocker, J.). Citing to the Second Circuit’s recent decision in Cariou v. Prince, 714 F.3d 694 (2nd Cir. 2013), the court held that the…
Court Enjoins Internet Streaming Service
DC Becomes Second Court To Reject Technology-Based Exception To The Copyright Act By Amy M. Gallegos On September 5, Judge Rosemary Collyer of the District of Columbia issued a preliminary injunction barring billionaire Alki David’s FilmOnX service from streaming copyrighted broadcast television programs over the Internet without authorization from the copyright owners. Fox Television Stations,…
Florida Court Vacates Prior Restraints
By Timothy J. Conner A Florida trial court in Jacksonville has vacated two separate prior restraint orders against the media from publishing unredacted information in a police report that contained an alleged confession by a criminal defendant. See Florida v. Tadros, 16-2013-CF-08026 (Fla. Cir., Sep. 11, 2013). In a lengthy order, the Court examined the…
Plaintiff’s Criminal Record Not “Erased” for Purposes of Libel and Privacy Claims
By Cameron Stracher In 1984, George Orwell depicted a totalitarian regime with the power to change historical truths by simple decree. In Martin v. Hearst Corp., et al., plaintiff argued that the Connecticut legislature had erased her criminal record in a similar fashion so that news reports about it that were accurate when published were…
CBS Prevails In Philadelphia Defamation Case
By Michael Berry On September 4, 2013, the Philadelphia Court of Common Pleas granted summary judgment in favor of CBS Broadcasting Inc., one of its anchors, and a reporter in a case brought by one of New Jersey’s largest churches and its prominent pastor. Gordon v. CBS Broadcasting Inc., January Term 2012 No. 1974 (Phila….
Summary Judgment for Chicago Tribune in Mistaken Identity Defamation Case
By James A. Klenk and Gregory R. Naron The Circuit Court of Cook County granted summary judgment dismissing a defamation claim against the Chicago Tribune on actual malice grounds. The case, Edward Arnett “Eddie” Johnson v. Chicago Tribune Company, et al., No. 13 L 743 (Cir. Ct. Cook Cty.) involved sports page editors’ misreading of…
2d Cir. Affirms Dismissal of Executive’s Defamation Action Against Slate, Eliot Spitzer
Summary Order Cites “Numerous Linguistic and Logical Flaws” with Plaintiff’s Argument By Matthew E. Kelley and James A. McLaughlin Less than 48 hours after hearing oral argument, a Second Circuit panel summarily affirmed the dismissal of a defamation action filed by a former insurance executive against former New York Gov. Eliot Spitzer and the publisher…
Court Affirms Judgment for Yale in Libel and Negligence Case Over Bogus Ph.D. Claim
Heightened Protection Applies to Negligence Claims Over Public-Interest Speech The Second Circuit recently affirmed summary judgment to Yale University on defamation and negligence claims brought by a South Korean University relating to a scandal over a bogus claim to a Ph.D. degree from Yale. Dongguk Univ. v. Yale Univ., No. 12-2698-cv (2d Cir. Aug. 15,…
Libel and Related Claims Against Better Business Bureau Survive Anti-SLAPP Motion
The California Court of Appeals affirmed that a moving broker given an online “F” grade by a local Better Business Bureau demonstrated a probability of success on libel and related claims sufficient to survive an anti-SLAPP motion to strike. Budget Van Lines v. Better Business Bureau of Southland, No. B235338 (Cal. App. Aug. 20, 2013)…
Sixth Circuit Rules That Tripadvisor’s Ranking of “Dirtiest Hotels” Is Protected Opinion
By Jim Rosenfeld and Sam Bayard In a helpful decision for online publishers of rankings and ratings, the Sixth Circuit Court of Appeals held that a travel website’s annual top-ten list of the dirtiest hotels in the United States, based on data compiled from its users’ reviews, was subjective opinion that did not give rise…
Fifth Circuit Applies SPEECH Act and Refuses to Enforce Canadian Defamation Judgment
By Dan Zimmerman and Mary Ellen Roy The United States Fifth Circuit Court of Appeals recently issued the first appellate opinion construing the SPEECH Act, Trout Point Lodge, Limited v. Handshoe, 2013 WL 47766530 (5th Cir. Sept. 5, 2013) (Reavley, Elrod, Graves, JJ.). In a strong victory for free speech, the Court refused to enforce…
MLRC London Conference Explores International Media Law Developments
Over 220 delegates from around the world attended MLRC’s London Conference on September 23-24, 2013 at Stationers’ Hall. This was MLRC’s eighth and largest conference in London, including new participants from India, South Korea, Italy, Portugal and Spain. The Conference opened with Lord Guy Black, executive director of The Telegraph, and Chris Blackhurst, editorial director…
MediaLawLetter September 2013
Download Publication MLRC MLRC London Conference Explores International Media Law DevelopmentsDelegates from Around the World Discuss Media Law and Policy Developments LIBEL & PRIVACY 5th Cir.: Appeals Court Applies SPEECH Act and Refuses to Enforce Canadian Defamation JudgmentFirst Appellate Court Ruling under New Law on Enforcement of Foreign Defamation JudgmentsTrout Point Lodge, Limited v. Handshoe…