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October 2014

MediaLawLetter September 2014


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From the Executive Director’s Desk

MLRC Presents First Amendment Leadership Award to Sandy Baron


D. Kan.: Jury Awards $1 Million In False Light Damages to Women Falsely Identified as Porn Star
Radio Hosts Relied on Listener Texts and Quick Google Search
Patton v. Entercom Kansas City LLC

Tex.: Court Says “No” to Post Libel Trial Injunctions, “Yes” to Post-Adjudication Removal
Post-Trial Injunction Would Be a Prior Restraint
Kinney v. Barnes, Burbage v. Burbage

Sidebar: Presumed Damages in Texas: Now Nominal Only?

Fla. App.: Court Reverses TRO Enjoining Political Website
Judge Sued Website and Opponent for Defamation and Invasion of Privacy
Concerned Citizens for Judicial Fairness, Inc. v. Yacucci

Eighth Circuit to Sammy Hagar: “Finish What Ya Started”
Court Reverses Grant of Summary Judgment in Libel Case Over Autobiography
Doe v. Hagar

Pa. Super.: Camera-Shy Public-Figure Defamation Plaintiff Must Sit for His Video Deposition
No First Amendment Right to Keep Private Information Provided Through Discovery
Dougherty v. Heller

Cal. App.: Models’ Right of Publicity Claims Assignable and Not Preempted by Copyright Act
Decision Will Likely Encourage Lawsuits and Increase Costs
Timed Out v. Youabian

Tex. App.: Texas Web Publishers Earn Novel Protection Against Stale Lawsuits
Single Publication Rule Applies to Internet Publication
Mayfield v. Fullhart

Fla. Cir.: Court Rejects Libel Action by Real Estate Attorney
Article Quoting Experts About Attorney’s Mortgage “Fraud” Is Protected
Weintraub v. Halifax

Texas Court Limits Use of Pre-Suit Discovery to Unmask Anonymous Internet Posters
Potential Plaintiffs Must Show Texas Would Have Personal Jurisdiction Over Anonymous Potential Defendant
In re John Doe a/k/a “Trooper”

Tex. App.: No Personal Jurisdiction in Texas Over U.K.-Based Medical Journal and Reporter
Plaintiff Sued over Criticism of His Infamous 1998 Article Linking Vaccines to Autism
Wakefield v. British Medical Journal Publishing Group, Ltd.


Seventh Circuit Affirms Photo on T-Shirt Is Fair Use
Court Expresses Skepticism Over Transformative Use Test
Kienitz v. Sconnie Nation

S.D.N.Y.: Copyright and Trademark Claims Over Biographical Movie Dismissed
Recreation of Old Movie Scenes Was Fair Use
Arrow Productions v. The Weinstein Company


Ala.: Judge Lifts Prior Restraint Baring Newspaper From Reporting On Pipeline Safety Report
Restraint Was Erroneously Entered Upon “Phantom” National Security Claims
Alabama Gas Corporation v. The Advertiser Company et al.


Ninth Circuit Reinstates Rape Victim’s Negligence Claim Against Modeling Website
Allegation That Website Failed to Warn Not Barred By Section 230
Doe No. 14 v. Internet Brands, Inc.


Tex. Crim. App.: Court Strikes “Improper Photography” Statute as Facially Unconstitutional
Photography Inherently Expressive
Ex Parte Thompson


W.D.N.C.: Bankruptcy Court to Consider Unsealing Evidence in Asbestos Litigation
Internet Newswire Challenged Sealing
Legal Newsline v. Garlock Sealing Technologies LLC

9th Cir.: Court Recognizes First Amendment Right to Certain Grand Jury Contempt Information
United States v. Index Newspapers


Dutch Court Rejects Right to Be Forgotten
More Freedom of Speech for Search Engines, Less Right to Be Forgotten For Criminals

Across the Pond: Updates on UK and European Media Law Developments
Serious Harm, Trial by Jury, Right to Be Forgotten, IPSO and More