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MediaLawLetter June 2020

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MLRC

From the Executive Director’s Desk: The First Amendment, the Media, Truth, and Democracy in Danger in Trump’s Hands
George Freeman

Ten Questions to a Media Lawyer
Kathleen Conkey

PRIOR RESTRAINT

D.D.C.: Court Refuses to Enjoin Publication of Bolton Book
Paul Safier

Massachusetts High Court Invalidates Involuntary Non-Disparagement Order Between Parents as Prior Restraint
“Not in Front of the Children”
Michael Lambert

LIBEL & PRIVACY

New York Trial Court Denies Cross-Motions for Summary Judgment in Docudrama Misappropriation Case
Elizabeth Seidlin-Bernstein

Second Circuit Affirms Dismissal of “Wolf of Wall Street” Libel Suit
Applying Actual Malice to Works Containing Fictional Elements
Vincent Cox

S.D. Cal.: Rachel Maddow Wins Dismissal of OAN Defamation Suit Under Anti-SLAPP Statute
Nicole Ligon and Shira Levine

Michigan Appeals Court Affirms Dismissal of Defrocked Priest’s Libel Suit Against Detroit Free Press
Herschel Fink

Nev. Dist.: Exiled Chinese Billionaire Loses Defamation Suit Thanks to Nevada Anti-SLAPP Law
Alex Shepard

NEWSGATHERING

D.C. Circuit Rejects Trump Administration’s Suspension Of White House Correspondent’s Press Pass
Court Says Likely To Violate Due Process and Affirms Preliminary Injunction
Theodore Boutrous, Jr. and Lee Crain

ACCESS / FOIA

Protests Over Police Brutality and Racism Lead to Gains in Transparency
Steve Zansberg

String of Recent Victories in Courthouse News Service Challenges to Delays in Court Record Access
Rachel Matteo-Boehm, Heather Goldman, and Katherine Keating

E.D. Ky.: Increased Fees for Commercial Speaker’s Access to Records May Violate the Constitution
Jack Greiner and Darren Ford

N.H.: Access and Accountability Triumph in the Granite State
William Chapman

Neb.: Nebraska Must Disclose Lethal Injection Records
Christopher “Spike” Eickholt

Col. App.: Colorado Town Council Violated State’s Open Meetings Law
Failed to Notify Public What It Planned to Discuss Behind Closed Doors
Steve Zansberg

INTELLECTUAL PROPERTY

S.D.N.Y.: Two Judges Hash Out Whether Instagram’s Terms and Policies Grant a Sublicense to Embed Others’ Photographs
Jeff Hermes

2d Cir.: Jerry Seinfeld Wins “The Contest” By Defeating Copyright Lawsuit at the Second Circuit
Evan Rothstein and Jesse Feitel

D. Md.: Fortnite Creator Beats 'Running Man' Dance IP Suit
Jose Angel Lamarque III

NCAA Athletes Will Finally Be Able to Exploit Their Name and Likeness, But Not School Trademarks
Proposed Restriction on Trademark Use Could Collide With Nominative Fair Use Doctrine
Elizabeth Schilken and Lauren Russell

Ninth Circuit Holds That Section 505 Attorneys’ Fees Are Allowed in Declaratory Judgment Actions
Sara Gates

C.D. Cal.: Court Rejects Copyright Claim Over M. Night Shymalan Apple TV Series
Servant No Slavish Copy
Ross Ufberg

 
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