{"id":2313,"date":"2004-01-01T00:00:00","date_gmt":"2004-01-01T00:00:00","guid":{"rendered":"https:\/\/medialaw.org\/medialawletter-july-2004\/"},"modified":"2020-10-12T21:37:37","modified_gmt":"2020-10-12T21:37:37","slug":"medialawletter-july-2004","status":"publish","type":"post_issue","link":"https:\/\/medialaw.org\/issue\/medialawletter-july-2004\/","title":{"rendered":"MediaLawLetter July 2004"},"content":{"rendered":"
<\/a> Download Publication<\/a><\/p>\n DCS President\u2019s Note<\/p>\n MLRC\u2019s 50-State Survey Media Privacy & Related Law<\/p>\n Libel Conference Boutique Sessions<\/p>\n Legislative: Sensitive Security Information; Parents Empowerment Act<\/p>\n Prepub. Comm.: Reporting Mean and Ugly Quotes: Key Points to Remember<\/p>\n Ethics Corner: The Corporate Attorney Client Privilege: The Corporation and the Journalist<\/p>\n Colo.: Court Upholds Prior Restraint in Kobe Bryant Case Pa. C.P.: Pennsylvania Newspaper Wins Libel Trial Mo. Cir. Ct.: Twists and Turns: $15 Million Verdict on Retrial of Misappropriation Claim Fla. Cir. Ct.: Mistrial in Punitives Phase of Pensacola News Journal Trial Nev. Dist. Ct.: Steve Wynn, Publisher Settle Libel Case Before Trial N.J. App.: Court Dismisses Misappropriation Claims Against Reality Show 9th Cir.: Suzuki v. Consumers Union Disparagement Case Settled D.N.J. Court Dismisses Misappropriation Claim over 9\/11 Memorial Photo 4th Cir.: Court Gives Broad Application to Opinion Defense Okla.: Court Gives Expansive Reading to Fair Comment Privilege in Private-Figure Libel Case N.Y. Sup. Ct.: Libel Suit over Spelling Bee Article Dismissed D.Or.: Oregon Court Holds Fair Report Privilege Is Not Absolute N.Y.A.D.: Court Affirms Dismissal of Libel Action Against Sing Tao Daily Pa C.P.: Dead Men Make Lousy Witnesses N.D. Ga.: Ramseys\u2019 Libel Suit against Fox News Is Transferred to Colorado 9th Cir.: Tort Reform, Arnold-style: Publicity Suit Dismissed 1st Cir.: Circuit Ruling on Intercepted E-mails Reduces Electronic Privacy 4th Cir.: Court Affirms Dismissal of Direct Infringement Claim Against Website S.Ct.: COPA Revisited: Court Rules Again on Child Online Protection Act Minnesota Football Coach and School District Libel Settlement Ends Non-Party Reporter\u2019s Ordeal N.J. App.: Lawyer\u2019s Inadvertent Disclosure Doesn\u2019t Waive Reporter\u2019s Privilege Fla. Cir. Ct.: Florida Court Rules CNN Has Right to Copy Suspected Felons List Wash.: Washington High Court Hands Press a Victory on Access to Sealed Court Records E.D.N.Y.: No Media Access to Sentencing Letter ECHR: The Princess, the Paparazzi and the Press Germany: Court of Appeal Enjoins Publication of Novel Depicting Assassination of Chancellor Canada: ISPs Acting Passively Are Not Liable for Copyright Infringement, High Court Says U.K.: London\u2019s \u201cIndecent Proposal\u201d Slander Case Ends in Loss for the Claimant Cal. App.: No \u201cFree Ink\u201d for Political Advertiser 3rd Cir.: Court Stays Media Ownership Rules F.A.C.: Survey Shows Greater Support for First Amendment Values GAO: Medicare Videos Were \u201cPropaganda\u201dMLRC<\/h3>\n
PRIOR RESTRAINT<\/h3>\n
Media may not publish lawfully obtained transcripts<\/em>
Colorado v. Bryant<\/p>\nLIBEL & PRIVACY<\/h3>\n
Judge\u2019s wife sued for libel; judge, for loss of consortium<\/em>
Popovich v. Daily News<\/p>\n
Second trial \u201cmirrors\u201d original; jury award based on flimsy evidence<\/em>
Tony Twist v. TCI Cablevision of Missouri, Inc.<\/p>\n
Judge dismissed two of the six jurors, leaving no alternates. Set new trial date for October.<\/em>
Anderson Columbia Co., Inc. v. Pensacola News Journal, Inc.<\/p>\n
Casino executive and Barricade Books agree to an undisclosed settlement<\/em>
Wynn v. Smith<\/p>\n
No cause of action exists when person\u2019s image or likeness is used for noncommercial purposes<\/em>
Castro v. NYT Television<\/p>\n
According to CU, no monetary compensation was paid in long running case<\/em>
Suzuki v. Consumers Union<\/p>\n
Court held the photo to be newsworthy and plaintiff was in a public place<\/em>
Dell Chiaie v. Corbis Corporation and Sygma Photo News, Inc.<\/p>\n
Statements about prior litigations were opinion as matter of law<\/em>
Schnare v. Harris Publications<\/p>\n
Unanimous court affirms summary judgment in favor of defendant TV station<\/em>
Magnusson v. The New York Times Company, et. al.<\/p>\n
Court found magazine article, although unflattering, was not defamatory<\/em>
Goldstein, et. al. v. The New York Times Company<\/p>\n
Newspaper lost conditional privilege by acting with actual malice and gross negligence<\/em>
Gunter v. The Guardian Press Foundation, dba Oregon Observer, et al.<\/p>\n
Unanimous panel finds NY Law confers absolute privilege for fair report of judicial proceeding<\/em>
Ng v. Chee Kong Tong Supreme Lodge Chinese Freemason of the World<\/p>\n
Judge dismisses defamation and false light claims brought by plaintiff after 6 years of inaction<\/em>
Zotter v. North Hills News Record, et. al.<\/p>\n
Court transfers case in interest of justice and for convenience of parties and witnesses<\/em>
Ramsey, et al. v. Fox News Network<\/p>\n
Court rules California lacks jurisdiction over Ohio-based car dealership<\/em>
Schwarzenegger v. Fred Martin Motor Company<\/p>\nCYBERSPACE<\/h3>\n
Decision allows third parties, law enforcement to read e-mails in \u201celectronic storage\u201d at ISPs<\/em>
United States v. Councilman<\/p>\n
Finds no volitional conduct despite screening procedure<\/em>
CoStar Group, Inc. v. LoopNet<\/p>\n
Five-justice majority affirms preliminary injunction, finds filtering software is less restrictive<\/em>
Ashcroft v. ACLU II<\/p>\nREPORTERS\u2019 PRIVILEGE<\/h3>\n
Despite state high court order, sports reporter will not have to disclose his confidential sources<\/em>
Weinberger v. Maplewood Review<\/p>\n
Inadvertent error did not constitute \u201cknowing and voluntary\u201d waiver required by state Shield Law<\/em>
Kinsella v. Welch and NYT Television<\/p>\nACCESS & NEWSGATHERING<\/h3>\n
Court declares Florida public records exemption relied on by Elections Division unconstitutional<\/em>
CNN v. Florida Dep\u2019t of State<\/p>\n
Unanimous court adopts guidelines for sealing records that favor openness<\/em>
Dreiling v. Jain<\/p>\n
Judge finds letters subject to presumptive common law right of access, but privacy interest trumps<\/em>
U.S. v. Gotti<\/p>\nINTERNATIONAL<\/h3>\n
Privacy law marches forward through Europe, shift towards French paradigm<\/em>
von Hannover v. Germany<\/p>\n
Court found novel violated Chancellor\u2019s personality rights<\/em>
Coe v. Mail on Sunday, Sunday Mirror<\/p>\n
Canadian Copyright Act may apply extraterritorially<\/em>
Canadian Assoc. of Internet Providers v. SOCAN<\/p>\n
Jury finds accusations that orthodox man tried to purchase friend\u2019s wife were substantially true<\/em>
Maccaba v. Lichtenstein<\/p>\nNEWS<\/h3>\n
Court affirms dismissal of fraud and breach of contract claims against newspaper, radio stations<\/em>
Barker v. Gulf-California Broadcasting Company, et. al.<\/p>\n
Divided panel rules on myriad FCC regulations included in 2003 Omnibus Report and Order<\/em>
Prometheus Radio Project v. FCC<\/p>\n
As time distances 9\/11, fewer Americans believe \u201cthe press\u201d is afforded too much leeway<\/em><\/p>\n
Video news releases failed to sufficiently identify their government origin<\/em><\/p>\n","protected":false},"featured_media":79,"template":"","issues-publication":[1002],"acf":[],"yoast_head":"\n