MediaLawLetter September 2013
MLRC
MLRC London Conference Explores International Media Law Developments
Delegates 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 Judgment
First Appellate Court Ruling under New Law on Enforcement of Foreign Defamation Judgments
Trout Point Lodge, Limited v. Handshoe
Sixth Circuit Rules That Tripadvisor’s Ranking of “Dirtiest Hotels” Is Protected Opinion
Subjective Ranking Does Not Give Rise to Defamation Claim
Seaton v. Tripadvisor LLC
Cal. App.: Libel and Related Claims Against Better Business Bureau Survive Anti-SLAPP Motion
“F” Grade and Explanation Found to Be Actionable
Budget Van Lines v. Better Business Bureau of Southland
2d Cir.: 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
Dongguk Univ. v. Yale Univ.
2d Cir.: Court Affirms Dismissal of Executive’s Defamation Action Against Slate, Eliot Spitzer
Summary Order Cites “Numerous Linguistic and Logical Flaws” with Plaintiff’s Argument
Gilman v. Spitzer
Ill. Cir.: Summary Judgment for Chicago Tribune in Mistaken Identity Defamation Case
No Evidence That Newspaper Acted With Actual Malice
Edward Arnett “Eddie” Johnson v. Chicago Tribune Company, et al.
Pa. C.C.P.: CBS Prevails In Philadelphia Defamation Case
News Report Did Not Accuse Plaintiff of Involvment in Crime
Gordon v. CBS Broadcasting Inc.
D. Conn.: Plaintiff’s Criminal Record Not “Erased” for Purposes of Libel and Privacy Claims
Plaintiff Claimed News Reports about Record Were No Longer True
Martin v. Hearst
PRIOR RESTRAINT
Fla. Dist.: Florida Court Vacates Prior Restraints
Unredacted Confession Mistakenly Released to Media
Florida v. Tadros
INTELLECTUAL PROPERTY
D.D.C.: Court Enjoins Internet Streaming Service
DC Becomes Second Court To Reject Technology-Based Exception To The Copyright Act
Fox Television Stations, Inc. et al. v. FilmOn X LLC
W.D. Wisc.: Wisconsin Federal Judge Finds Satirical T-Shirt of Mayor Is Fair Use
Use of Photo Was Transformative
Kienitz v. Sconnie Nation
W.D. Tex.: Aliens and Cowpokes Invade a Texas Federal Court
Hollywood Movie Did Not Infringe Self-Published Comic
Busti v. Platinum Studios
ENTERTAINMENT
La. Dist.: Louisiana Court Relies on Forum Selection Clause to Dismiss Claims against Reality TV Producers
Plaintiff Challenged Validity of Release
Draughn v. Thacker, et al.
COMMERCIAL SPEECH
Fourth Circuit Rejects Alcohol Advertising Ban in College Newspapers
Ban on Alcohol Ads Not Tailored to State Interest
Educational Media Co. v. Insley
EMPLOYMENT
Fourth Circuit Gives First Amendment Protection to a Facebook ‘Like’
Facebook Like is Both Pure Speech and Symbolic Speech
Bland v. Roberts