CBS' Harold Dow died suddenly on August 21, 2010, apparently from an asthma attack. He had recently been diagnosed with adult onset asthma. Mr. Dow was an acclaimed journalist at the network, and had interviewed many well-known figures. He was...
Media Law
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Most Topular Stories
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Peabody Award Winning Journalist Harold Dow Dies
Media Law Prof Blog5 Sep 2010 | 10:08 am -
Reminder: Media Law Conference for Journalists, Bloggers and Other Digital Media
Citizen Media Law Project31 Aug 2010 | 11:02 amWe're pleased to announce that the Citizen Media Law Project at Harvard's Berkman Center for Internet & Society and the Center for Sustainable Journalism at Kennesaw State University are co‐hosting a conference on September 25, 2010 entitled "Media Law in the Digital Age: The Rules Have Changed, Have You?" in Atlanta, Georgia. Designed for journalists, bloggers, and lawyers who work with media clients, the conference will be an opportunity to learn first‐hand the latest legal developments and to get your questions answered byexperts in the field. The program will bring… -
Ninth Circuit Tells ABC, Stossel "You Can't Say That!"
Newsroom Law Blog27 Aug 2010 | 11:40 amThe United States Court of Appeals for the Ninth Circuit recently revived a defamation suit brought by a prominent California preacher against ABC and reporter John Stossel. The case, which had been dismissed by the District Court under California's anti-SLAPP statute, arose from a broadcast of ABC's 20/20 in which Stossel reported on the financial dealings of ministers like the plaintiff Frederick Price. In particular, Stossel's story focused on whether money donated to some churches was being put to good use or simply lining the preacher's own pockets. The Ninth Circuit… -
Judge: CSU violated state law in Palin case
The FOI Advocate1 Sep 2010 | 8:43 amfrom the California Chronicle:SACRAMENTO – Stanislaus County Superior Court Judge Roger Beauchesne has ruled that California State University Stanislaus violated the California Public Records Act when they refused to disclose the contract that brought Sarah Palin to the campus in June. The judge ordered CSU Stanislaus to release the speaking contract and also awarded payment of attorney fees to -
UK Power to Regulate Online Advertising Going Viral?
Consumer Advertising Law Blog3 Sep 2010 | 6:00 amAs a result of a “landmark” decision by the Committee of Advertising Practice (the UK body responsible for writing the advertising codes) the scope of the UK Advertising Standards Authority’s (the body responsible for regulating advertising in the UK) digital remit to regulate online advertising has been significantly extended. The ASA’s current digital remit only applies to advertisements in e-mails and advertisements in paid-for space online (including, for example, banner and pop-up advertisement) and sales promotions in paid-for space and non-paid-for space online. However, as…
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Media Law Prof Blog
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Peabody Award Winning Journalist Harold Dow Dies
5 Sep 2010 | 10:08 amCBS' Harold Dow died suddenly on August 21, 2010, apparently from an asthma attack. He had recently been diagnosed with adult onset asthma. Mr. Dow was an acclaimed journalist at the network, and had interviewed many well-known figures. He was... -
Out From Under the Boardwalk
5 Sep 2010 | 9:57 amOn TV, a new HBO series that examines the beginnings of Prohibition and the rise of the mob: Boardwalk Empire. -
Giving Out the Word
5 Sep 2010 | 9:53 amSome Internet security gurus say what keeps you safe online isn't a complex password that you change regularly. It's a smart security squad. More here from an article in today's New York Times. -
Pulitzer Prize Winning Cartoonist Dies
5 Sep 2010 | 9:50 amCartoonist Paul Conrad, who commented via his drawings on a host of political events, has died. He was 86. -
U.S. Access To Craigslist "Adult Services" Apparently Blocked
5 Sep 2010 | 9:49 amCraigslist, possibly in a response to public opinion, has blocked U.S. access to its "adult services" area with a "censored" tag, according to this report from the New York Times. Is the block permanent?
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Citizen Media Law Project
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Reminder: Media Law Conference for Journalists, Bloggers and Other Digital Media
31 Aug 2010 | 11:02 amWe're pleased to announce that the Citizen Media Law Project at Harvard's Berkman Center for Internet & Society and the Center for Sustainable Journalism at Kennesaw State University are co‐hosting a conference on September 25, 2010 entitled "Media Law in the Digital Age: The Rules Have Changed, Have You?" in Atlanta, Georgia. Designed for journalists, bloggers, and lawyers who work with media clients, the conference will be an opportunity to learn first‐hand the latest legal developments and to get your questions answered byexperts in the field. The program will bring… -
Who's Afraid of the News Aggregators?
30 Aug 2010 | 2:13 pmAs anyone who has been following the debate regarding the "future of journalism" knows, there have been a lot of ink (and bytes) spilled arguing over the role news aggregators are playing in the "decline" of traditional journalistic models. Rupert Murdoch has labeled the practice of news aggregation by entities like Google News "theft," and a professor from the Wharton Business School recently called on lawmakers to amend the copyright laws to prevent aggregators from posting any portion of news stories for a full 24 hours after their initial publication. Even… -
FTC Flexes Blogger Rules Again
27 Aug 2010 | 9:40 amThe Federal Trade Commission has reached a second settlement with a marketer over apparent violations of the Commission's rules requiring disclosure of compensated endorsements, particularly on blogs and social media, as well as other contexts in which the compensation (which may include free samples or discounts) is not "reasonably expected by the audience."Back in April, the Commission sent a letter to Ann Taylor LOFT raising concerns about a promotion the clothing company ran for bloggers and warning the company not to undertake any similar campaigns. The Commision declined to… -
ONEOK, Inc. v. Twitter
20 Aug 2010 | 11:36 am -
Hey, When Did This Slope Get so Slippery? The Danger of Self-Surveillance in Three-Strikes Internet Laws
12 Aug 2010 | 9:06 amI recall a Twilight Zone episode with a great twist: a man, in order to win a bet that he could stay quiet for an entire year, has had his vocal cords severed. The idea being, it is particularly gruesome to imagine a human being rendered mute for money. Sadly, this episode has not aged terribly well: the obscenity of modern three-strikes Internet laws takes any sting out of the twist ending. One of our allies, New Zealand, is considering a three strikes Internet termination plan. Another ally, France, has already passed such a measure – HADOPI, but can’t seem to enforce it (legally).
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Newsroom Law Blog
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Ninth Circuit Tells ABC, Stossel "You Can't Say That!"
27 Aug 2010 | 11:40 amThe United States Court of Appeals for the Ninth Circuit recently revived a defamation suit brought by a prominent California preacher against ABC and reporter John Stossel. The case, which had been dismissed by the District Court under California's anti-SLAPP statute, arose from a broadcast of ABC's 20/20 in which Stossel reported on the financial dealings of ministers like the plaintiff Frederick Price. In particular, Stossel's story focused on whether money donated to some churches was being put to good use or simply lining the preacher's own pockets. The Ninth Circuit… -
North Carolina Superior Court Holds State Shield Law Protects Identities of Newspaper Website Commenters
19 Aug 2010 | 7:11 amOn July 27, 2010, N.C. Superior Court Judge Calvin E. Murphy ruled from the bench that North Carolina’s shield law, N.C. Gen. Stat. § 8-53.11, protects a newspaper from the compelled disclosure during judicial proceedings of the identities of anonymous commenters to the newspaper’s website. Judge Murphy signed the written order in the case on August 16, and it is available here. To our knowledge, this is the first case in which a North Carolina court has ruled that the state's shield law applies to the identities of anonymous website commenters, although other… -
N.C. General Assembly Amends Public Records Law
12 Jul 2010 | 9:44 amIn the early morning hours of July 10, the North Carolina General Assembly closed the 2009 session by passing a bill that adopts two important changes to North Carolina's Public Records Act. Both represent positive developments for government transparency in North Carolina. These changes begin with Section 18.(a) of House Bill 961. The first set of changes expands an exception to the "personnel file" exception to the Public Records Act. The "personnel file" exception shields from public view certain documents relating to… -
N.J. Supreme Court Applies Fair Report Privilege to Civil Filings
12 Jul 2010 | 7:05 amNew Jersey's highest court has overturned an intermediate appellate decision that had refused to apply the "fair report" privilege to accounts of initial pleadings filed in civil lawsuits. The Supreme Court's decision, issued in the case of Salzano v. North Jersey Media Group, Inc., represents an important victory for the press and the public. We previously reported on the decision of the New Jersey Court of Appeals, which took a narrow view of the application of the fair report privilege. The privilege is critical to reporting on official statements and… -
Supreme Court Upholds Washington Public Records Act
29 Jun 2010 | 1:58 pmIn a case we first flagged back in October of 2009, the Supreme Court last week handed down its decision in Doe v. Reed, a case involving a First Amendment challenge to Washington state's public records act. The case presented an interesting collision of interests for the media, but the Court held 8-1 that the First Amendment did not prevent the disclosure, pursuant to the PRA, of the identities of those citizens who signed a petition seeking to place a referendum on the ballot. When the Court granted cert in January, we described the case as follows: The dispute in Doe v. Reed involves…
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The FOI Advocate
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Judge: CSU violated state law in Palin case
1 Sep 2010 | 8:43 amfrom the California Chronicle:SACRAMENTO – Stanislaus County Superior Court Judge Roger Beauchesne has ruled that California State University Stanislaus violated the California Public Records Act when they refused to disclose the contract that brought Sarah Palin to the campus in June. The judge ordered CSU Stanislaus to release the speaking contract and also awarded payment of attorney fees to -
NFOIC awards Knight FOI Fund litigation grant in New Mexico public records suit
30 Aug 2010 | 11:26 amfrom NFOIC.org:A weekly newspaper in New Mexico has been awarded a litigation grant from the Knight FOI Fund to press a legal action against a state college for disregarding basic requirements of that state's "sunshine law."The $11,000 grant to the Rio Grande Sun newspaper was announced by the National Freedom of Information Coalition (NFOIC), which administers the Fund that was created by the -
South Texas sheriff takes on state agency official in felony open records fight
30 Aug 2010 | 11:19 amfrom the AMERICAN-STATESMAN:A Nueces County skirmish over open records could land an Austin state agency official in prison for up to 10 years.Or it could leave several Nueces County officials looking foolish.[...]Adan Muñoz Jr., executive director of the Texas Commission on Jail Standards, has been charged with two felony counts of misuse of official information — a crime that typically pertains -
National Press Club Board selects press-freedom honorees
25 Aug 2010 | 11:00 amfrom the National Press Club:The National Press Club Board of Governors voted on Aug. 23 to honor a University of Missouri journalism professor and an Iranian blogger with its 2010 John Aubuchon Freedom of the Press Award.The award, given each year to one domestic and one international recipient, honors people who have contributed to the cause of press freedom and open government.This year’s U.S. -
Washington State Sunshine Committee needs Governor's attention
24 Aug 2010 | 1:26 pmfrom the Washington Policy Blog:The state's Sunshine Committee (Public Records Exemptions Accountability Committee) has survived legislative efforts the past few years to eliminate its existence. Now it appears the Committee is facing a new threat, gubernatorial neglect.Under the law, the Governor appoints six of the Committee's thirteen members including the Chair. To have a quorum at least
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Consumer Advertising Law Blog
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UK Power to Regulate Online Advertising Going Viral?
3 Sep 2010 | 6:00 amAs a result of a “landmark” decision by the Committee of Advertising Practice (the UK body responsible for writing the advertising codes) the scope of the UK Advertising Standards Authority’s (the body responsible for regulating advertising in the UK) digital remit to regulate online advertising has been significantly extended. The ASA’s current digital remit only applies to advertisements in e-mails and advertisements in paid-for space online (including, for example, banner and pop-up advertisement) and sales promotions in paid-for space and non-paid-for space online. However, as… -
No Cash? No Problem. Grab Your Phone and Charge It! Consumer Protections Included
2 Sep 2010 | 5:29 amLeave your ATM cards at home; forget the drive thru at the bank; heck, leave your whole wallet on the kitchen counter -- mobile banking is here and becoming all the rage. Well, maybe not all the rage just yet (like it is in Japan, but certainly, it is becoming easier, with the popularity of the I-Phone and similar devices with interactive capability. For example, the office supply store, Staples, Inc. reported this month that more than one-fourth of small business owners report having a phone device capable of making mobile payments. About 24% use these devices to make purchases and 3% always… -
P2P Users - Upgrade Your Software Before Sharing Your Latest Vacation Pics!
1 Sep 2010 | 6:24 amFor many of us who did not learn to use a computer keyboard and mouse before we could walk, terms like downloading files using BitTorrent or talking to friends on the Gnutella network sounds like having some dental procedure. But others in this generation, and certainly our kids, use those protocols and networks daily to chat and share pictures and videos with their friends though peer to peer or P2P file-sharing networks. But the same feature of P2P software that underpins its functionality -- its ability to access and share files on your computer across the Internet -- also creates… -
Is It Something in the Soil? “Not Biodegradable in California” Disclaimers Likely to Increase
31 Aug 2010 | 10:12 amSummer is ending, and the highly anticipated revisions to the FTC’s Green Guides have still not arrived. As regular readers will recall, the FTC issued its Green Guides in 1992, partly in response to manufacturers’ requests for a uniform standard for making environmental claims. (For additional background, see here.) The current Green Guides allow biodegradability claims if the claim is substantiated by competent and reliable scientific evidence and qualified to the extent necessary to avoid deceiving consumers about the product’s ability to degrade in the environment where it is… -
TILT: FTC Alleges PR Firm Violated Endorsement Guides by Rating Clients’ Gaming Apps
30 Aug 2010 | 7:15 amWe recently blogged about a column by the New York Times ethicist which addressed the ethics of an employer asking its employees to favorably rate iPhone apps it developed and noted that the practice likely violated the FTC’s revised Endorsement guides. Well, a similar practice has caught the FTC’s eye resulting in a public relations firm settling an FTC charge that it provided misleading online endorsements. The agency was hired by video game developers, and the FTC alleges that its employees posted game reviews of the video game apps on the iTunes store site without disclosing that they…
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First Amendment Law Prof Blog
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First Amendment Scholarship Update
5 Sep 2010 | 9:10 amHere is this week’s collection of newly available scholarship on religion and speech topics: 1. Peter Danchin (University of Maryland School of Law), Islam in the Secular Nomos of the European Court of Human Rights . The abstract states: Since... -
California Finds Limited Support from State AG’s for Defense of Violent Video Games Law
3 Sep 2010 | 5:54 amIn April, the Supreme Court granted California’s petition for certiorari after the Ninth Circuit ruled the state’s statute banning the sale of violent video games to minors violated the First Amendment. The Act applies to games that depict "killing, maiming,... -
For Tea Party Movement, Religious Divisions May Lurk Within
2 Sep 2010 | 2:04 pmThe Washington Monthly has an interesting piece examining how the calls for a national religious revival at this weekend’s Glenn Beck rally potentially mask significant divisions about whose God and what faith attendees should use as their political guide. The... -
Redaction of Religious Verse from School Fundraising Project Flyer Was Unconstitutional Viewpoint Discrimination, Not Necessary Avoidance of Establishment Clause Violation
2 Sep 2010 | 1:59 pmA recent opinion from the U.S. District Court for the Southern District of Texas has found that the Katy Independent School District misconstrued its duties under the Establishment Clause and imposed what amounted to unconstitutional viewpoint discrimination in its handling... -
Settlement Reached Between NY District and Teacher Suspended for Allowing Students to Use "Vulgarity" in Sex Education Class Discussion
2 Sep 2010 | 1:02 pmThe New York Daily News reports that a NY school district has settled a teacher’s suit challenging her eight month suspension. The teacher was removed after some parents complained that she did not prevent students from using vulgar or profane...
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Media and Communications Policy
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Sen. Franken Opines on Net Neutrality (or Something)
9 Aug 2010 | 9:08 amThere’s no intelligent life elsewhere in the universe, but chowderheads abound there. We can infer this from the cosmologists’ predictions of Earth-like planets, and from the way our elected leaders demonstrate the density of Homo sapiens. Take, for instance, Sen. Al Franken. In an opinion piece written last week for CNN.com, the gentleman unburdens himself of what may be a record number of non sequiturs per column inch. For those of you who’d like to judge this for yourself, here’s the whole of the thing as written. For those who haven’t… -
The DISCLOSE Act Creeps Along
20 Jul 2010 | 5:49 amSometime before the end of the world (which is to say any day now) it’s going to occur to our congressional leaders that the United States is facing some actual problems that might usefully be addressed. In the meantime, though, the expectation is that they’ll just keep lobbing into the hopper things like the DISCLOSE Act. As mentioned in an earlier blog, the legislation is formally titled the “Democracy Is Strengthened by Casting Light on Spending in Elections” Act. And right there you have a measure of the collective wit of the bill’s sponsors. -
Free Press and the Huffington Post
6 Jul 2010 | 4:15 amAs some have noticed, a few pieces on this blogsite were originally published on the Huffington Post. I started writing at HuffPo, in November of last year, because I wanted to occasionally write things that I felt were inappropriate for the Media Institute’s blogsite, and because I knew there were a few regulars there who, like me, were unhappy with the illiberalism of today’s “progressives.” So it was that the first piece I wrote was a kind of introduction to all such called "The Orphan of the American Political System," in which I argued that it was… -
Evil Is as Evil Does
8 Jun 2010 | 11:02 amThe search giant Google is attracting criticism from those who see in that company’s business practices a threat to professional journalism, old and new. The latest such comes in the form of a policy paper written by media attorney Kurt Wimmer, and published online by The Media Institute. Honored this year by the Reporters Committee for Freedom of the Press, Wimmer has advised journalists and legislators in more than two dozen countries concerning new media laws, protection of journalists, and freedom of information. The thrust of his paper is that, at a time when there is great… -
Shedding Light on Title II and the First Amendment
11 May 2010 | 1:23 pmNow that FCC Chairman Julius Genachowski has proposed what Broadcasting & Cable’s John Eggerton artfully calls a “Title II Lite” approach to broadband regulation, it’s a good time to take a second look (or maybe your first) at a recent paper by Robert Corn-Revere. Bob wrote a Perspectives policy paper for The Media Institute titled “Defining Away the First Amendment,” which we released May 4. This noted First Amendment attorney makes a crucial point – but a point that has not received adequate attention: “The FCC’s current ability to…
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Copyrights & Campaigns
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Commerce Secretary rails against 'scourge of music piracy'
30 Aug 2010 | 9:44 pmIn a speech today in Nashville, Commerce Secretary Gary Locke promised action against the "scourge of music piracy," repeating Vice President Biden's proclamation that "Piracy is flat, unadulterated theft," and vowing that "it should be dealt with accordingly." Locke said his department is "conducting a comprehensive review of the relationship among copyright policy, creativity, and innovation in the Internet economy" and reiterated the Obama Administration's support for the Performance Rights Act, which would require terrestrial radio stations to pay royalties to owners of sound recordings. -
'Cruel Summer' campaign video removed
30 Aug 2010 | 8:19 pmThe video from Congressional candidate Sean Mahoney (R-NH) that featured the Bananarama hit "Cruel Summer" has been removed from several web video sites, apparently by the campaign itself.Jimmy Asci, a spokesman for music publisher Sony/ATV, which owns the composition to the 1983 single, confirmed that the Mahoney campaign had used the song without obtaining a license, and that the video was removed before a cease-and-desist letter was even issued. "It wasn't licensed," he said. "This happens all the time. 99.9% of the time, they take it down" upon receipt of a notice, according to Asci. "We… -
Could 'Cruel Summer' campaign video lead to a cruel copyright lawsuit?
26 Aug 2010 | 5:48 pmA Republican House candidate from New Hampshire has used over a minute of the 80s hit "Cruel Summer" in a campaign video attacking his Democratic opponent, Rep. Carol Shea-Porter. The video from the campaign of Sean Mahoney -- which identifies itself as a "political parody" -- argues that the economic policies of Shea-Porter and the Obama Administration "have given us a cruel summer."I have inquiries in to the Mahoney campaign as well as what I believe to be the copyright owners (Sony/ATV for the publishing and London Records for the master), to confirm what I strongly suspect: that the… -
Court sets trial date in Shepard Fairey case; Mannie Garcia drops out
23 Aug 2010 | 10:49 amThe judge refereeing the dispute between the AP and artist Shepard Fairey over the "Obama Hope" poster has set a trial date of March 21, 2011. Of course, it's not certain there will actually be a trial; I expect one or both sides to seek summary judgment, and settlement is always a possibility.Also, last Friday the AP and Mannie Garcia, the photographer who took the photo that served as the basis for Fairey's poster, voluntarily dismissed their claims and counterclaims. The two sides disputed whether the AP or Garcia owned the copyright in the photo. A source tells me that there was no… -
Billboard: 'The Legal Issues Behind The Slowed-Down Justin Bieber Track'
18 Aug 2010 | 11:40 amMy Billboard piece on super-slow Justin Bieber. Bottom line: his label says it's fine ("and Justin thinks it’s great"!). EMI, one of the publishers, declines to comment.
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Student Press Law Center
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The end of a rugged Trail — a community-college adviser reflects on bringing journalism to the First Amendment wilderness
2 Sep 2010 | 11:08 amIt is difficult, under optimal conditions, for a student newspaper to publicize unflattering facts about the college that hosts and finances it. Ron Feemster did not work under optimal conditions. In a detailed and riveting account published today on the website Inside Higher Ed, Feemster describes the daily struggles against adversity as journalism adviser to a [...] -
“If only someone would fix this … oh wait, that’s MY job.”
1 Sep 2010 | 2:05 pm“If it was up to me and the law allowed it, I would put out student attendance data and hold parents accountable. And while we’re at it, let’s put out funding and facilities data and hold school boards and politicians accountable.” That would be an unremarkable quote if it came from some school-reform do-gooder, or [...] -
Back to School Checklist: Evaluating your staff’s ‘media-law radar’
31 Aug 2010 | 5:13 pmFor better or worse, knowledge of the law continues to be an ever-growing part of the skill set required of all journalists, including students. One fairly quick — and mostly painless/sometimes entertaining — way to check how much your students/staff know about media law as they head back to the newsroom is to direct them [...] -
Back to School Checklist: Sometimes an adviser’s ignorance is bliss (or at least safer)
27 Aug 2010 | 2:53 pmIn a previous blog post, we talked about the “facts of life” discussion that advisers and their students should have about the adviser’s limited ability to advocate publicly for her students’ interests without jeopardizing her own safety. Next on the list of things that need to be discussed NOW — before the first issue — [...] -
Virginia alcohol advertising ban could be Supreme Court-bound
26 Aug 2010 | 6:55 amTwo college newspapers are asking the U.S. Supreme Court to reverse a federal appeals-court ruling that upheld a Virginia regulation restricting what advertisers can say about alcoholic beverages in student publications. Virginia Tech’s Collegiate Times and the University of Virginia’s Cavalier Daily, represented by counsel from the ACLU, filed a petition Aug. 23 asking the [...]
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Reporters Committee News
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CJR sues to disclose N.Y. governor's office's e-mail messages
The Columbia Journalism Review today filed suit to compel New York state to release several weeks’ worth of e-mail messages among Gov. David Paterson’s former director of communications, Peter . . . -
Federal appeals court won't reconsider bailout records case
A federal appellate court has declined the Federal Reserve's request to reconsider its decision ordering the release of records reflecting bank loans extended by the Fed during the . . . -
L.A. times can publish pictures taken in court, court rules
The California Court of Appeal threw out a lower court's order prohibiting the Los Angeles Times from publishing photographs of a defendant on trial for murder last . . . -
Judge quashes subpoena for journalism professor's notes
A federal judge in Seattle yesterday granted a journalism professor’s motion to quash a subpoena from lawyers representing Chicago police officers in a civil rights case. Judge . . . -
Defendants drop subpoena for video in civil rights case
Two government defendants in a civil rights lawsuit yesterday dropped a subpoena for unedited video footage of a reporter’s interview with the plaintiff in the case. Early in July . . .
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Blog of Rights: Official Blog of the American Civil Liberties Union
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A Very Big Thank You!
3 Sep 2010 | 9:31 amYesterday, Ohio Gov. Ted Strickland commuted the death sentence of Kevin Keith, a possibly innocent man, to life without parole. We have written about Kevin Keith’s case multiple times. We told you about how groups including the Ohio Innocence Project, the National Innocence Network, and a group of leading eyewitness and memory experts (PDF) were petitioning the Ohio Parole Board and Gov. Ted Strickland to grant clemency to Kevin Keith. We were nervous: the Parole Board rejected his claim and recommended the governor deny his clemency request, and earlier this week, the 6th Circuit… -
Ohio Governor Commutes Kevin Keith's Death Sentence!
2 Sep 2010 | 1:05 pmGreat news! Ohio Gov. Ted Strickland has commuted Kevin Keith's death sentence to life without the possibility of parole! Gov. Strickland issued this statement, which reads in part:[M]any legitimate questions have been raised regarding the evidence in support of the conviction and the investigation which led to it. In particular, Mr. Keith's conviction relied upon the linking of certain eyewitness testimony with certain forensic evidence about which important questions have been raised. I also find the absence of a full investigation of other credible suspects troubling. "Clearly, the… -
Act Now! Tell Gov. Strickland to Grant Kevin Keith Clemency
2 Sep 2010 | 11:42 amIt is more important than ever that Ohio Gov. Ted Strickland grant clemency to Kevin Keith, a 46-year-old man awaiting execution on Ohio’s death row, after the U.S. Court of Appeals for the 6th Circuit earlier this week denied one of Keith’s final appeals. Despite overwhelming evidence pointing to his innocence, Keith is scheduled to be put to death Sept. 15. Gov. Strickland has acknowledged that the circumstances of Keith’s case are “troubling,” and since taking office in 2007 has granted clemency to four death row prisoners in Ohio. It is imperative that he do… -
Race Contributes to Wrongful Convictions
2 Sep 2010 | 8:28 amAn unusual collection of advocates, exonerated men and a crime victim gathered this week in Raleigh, North Carolina, to highlight the role that race plays in wrongful convictions. The group filed an amicus brief in the case of Melvin White, an African-American death row inmate in North Carolina who maintains his innocence and has filed a claim under North Carolina’s historic Racial Justice Act. As the brief recounts, African-American defendants are more likely to be wrongfully convicted of crimes punishable by death. In North Carolina, six of the seven exonerated death row inmates were… -
Is New York the Next "Papers Please" State?
1 Sep 2010 | 2:22 pmArizonans are not the only ones who should fear living in a "show me your papers" society. As reported in Monday's New York Times, here in the great state of New York, armed Border Patrol agents routinely board Amtrak trains and Greyhound buses to question passengers about their citizenship and detain those who are not carrying proper proof of their lawful status. Nina Bernstein reported that Customs and Border Protection (CBP) officers board trains in western New York and ask passengers "Are you a U.S. citizen?" and "What country are you from?" And in case you…
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Esq. | Breaking Legal News | Entertainment Law News | The Hollywood Reporter
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Class action claims Disney stiffed financial analysts on overtime
4 Sep 2010 | 8:00 amBy Matthew Belloni EXCLUSIVE: Some of the Disney employees who make sure A-list stars get paid accurately by the studio are now suing claiming—yes, you guessed it—that they weren't paid accurately by the studio. Thirty-six financial analysts and contract researchers... -
Taylor Lautner settles that $300,000 RV lawsuit
3 Sep 2010 | 6:23 pmBy Matthew Belloni Something to celebrate this Labor Day weekend: "Twilight" star Taylor Lautner has settled his lawsuit against the Orange County RV dealership that failed to deliver his $300,000 trailer in time for the shoot of his latest movie.... -
How much do you think Time Warner's top lawyer makes?
3 Sep 2010 | 3:18 pmBy Matthew Belloni If you guessed $1.25 million a year, plus $2.5 million in bonus if things go well, you'd be right. Time Warner's executive vp and general counsel Paul Cappaccio (left, with judge Alex Kosinski) just reupped his contract... -
Do you download copyrighted porn? Lawsuits seek to reveal names
3 Sep 2010 | 2:43 pmBy Eriq Gardner Something is up in the porn world, and we're not talking about you-know-what. In the past few weeks, massive numbers of alleged anonymous copyright pirates have been sued. It seems one adult entertainment studio after another is... -
Hollywood Docket: Disney/Time Warner deal; Paris Hilton judgment; governors vs. Fox News
3 Sep 2010 | 9:56 amHooray! The Walt Disney Co. has struck a carriage deal with Time Warner Cable to keep its broadcast and cable channels for 14 millions subscribers, including in large markets like New York and Los Angeles. The deal comes on the...
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Google News: Media Law
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Rift around Rasmus rumors could rip apart Cards - CBSSports.com
5 Sep 2010 | 6:14 pmRift around Rasmus rumors could rip apart CardsCBSSports.comThis is something that shouldn't have gotten into the [media]. This is something that should be between him and the manager, and the GM. and more » -
Marquette University's new building gives law school vital space - Milwaukee Journal Sentinel
5 Sep 2010 | 6:04 pmMarquette University's new building gives law school vital spaceMilwaukee Journal SentinelThe new building is "media friendly," Gousha said. During the debate between Republican gubernatorial candidates Scott Walker and Mark Neumann, and more » -
1 'censored' bar won't stop online prostitution - The Associated Press
5 Sep 2010 | 5:39 pmCBC.ca1 'censored' bar won't stop online prostitutionThe Associated PressJohn Palfrey, a Harvard University law professor and co-director of the Berkman Center for Internet and Society, said the move from Craigslist was still a Some See a Ploy as Craigslist Blocks Sex AdsNew York TimesCraigslist Bows to Censorship, Closes Adult Services SectionConsumer AffairsShould Craigslist's “Adult Services” Be Censored? [POLL]Mashable (blog)AIM Group (blog) -Columbus Other Paper (blog) -Financial Timesall 1,209 news articles » -
Get Media Alerts - Huffington Post (blog)
5 Sep 2010 | 10:23 amGet Media AlertsHuffington Post (blog)The law invoked in their case was the controversial Animal Enterprise Terrorism Act (AETA,) a designer statute lobbied for by special interests that aims to and more » -
French Soccer Still Can't Shake the Blues - Wall Street Journal
5 Sep 2010 | 8:47 amGlobe and MailFrench Soccer Still Can't Shake the BluesWall Street JournalAnd suddenly Mr. Capello was in the media cross-hairs. He heard complaints over his struggles with the English language – he is, after all, Domenech gets letter of dismissalAFPall 84 news articles »
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Digital Media Law
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SAG Feels its Own Labor Pains
20 Aug 2010 | 12:35 pmLabor unrest is hitting SAG close to home. Negotiations between the actors guild and Teamsters Local 986, which represents more than 40 of SAG's Los Angeles-based business representatives, have gotten bumpy. The contract between the parties expired June 1, and one issue still to be resolved is what wage increases the new deal will grant. Yes, even unions have unions. In this negotiation, SAG functions as management, not labor. After about a dozen meetings, the two sides are far apart, with the key sticking issues being wages and a SAG proposal to require the employees to arbitrate… -
Ratification of Teamsters / Basic Crafts Contract Complete
18 Aug 2010 | 3:53 pmThe Teamsters ratified their contract several weeks ago. However, four other basic crafts (plumbers, plasterers, electricians and laborers) negotiate alongside the Teamsters. Ratification by those unions was expected and, indeed, the AMPTP said today that the last of those just ratified their contract. Here's the organization's press statement: "The five Basic Crafts Unions have now ratified new contracts with the producers represented by the AMPTP, ensuring that production can continue without interruption for the studios and union members. The two sides reached a fair deal with gains… -
Rosenberg v. SAG Lawsuit Dismissed
10 Aug 2010 | 2:08 pmThe lawsuit filed 1-1/2 years ago by SAG's then-president Alan Rosenberg against his own union has finally been formally dismissed, according to court records and a source with knowledge of the matter. The formal dismissal actually came in late July, but appears not to have previously been reported. The dismissal was expected, as the judge had ruled on the matter a month earlier. The action ends with a whimper a suit that attempted to reinstate SAG's previous National Executive Director, Doug Allen, and impede the ultimate achievement of the 2009 agreement between SAG and the studios and… -
IATSE and Teamsters Reach Mutual Assistance Pact
5 Aug 2010 | 3:34 pmThe International Brotherhood of Teamsters and the International Alliance of Theatrical Stage Employees have entered into an agreement to work together toward common goals. The move represents a major change from the previously frosty relationship between the two unions. The pact sets out how the unions will address organizing efforts, deal with jurisdictional issues and establishes new lines of communication aimed at strengthening the relationship. Teamsters Locals 399 (Los Angeles) and 817 (New York) represent motion picture and television drivers and others. IATSE represents most below the… -
SAG National Board Candidates Announced
5 Aug 2010 | 11:22 amSAG yesterday released the official list of candidates for its upcoming national board elections. Notably, all of the open seats in LA (the Hollywood Division) are held by MembershipFirst members, which means that, as was the case last year, MF can at best maintain its level of representation on the national board. More likely, it will lose some of its board seats. On the Hollywood divisional board, MF could gain or lose, as all division seats are up every year. This contrasts with the national board, where approximately 1/3 of the 69 seats are up in any given year. The president and…
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Laurence Kaye on Digital Media Law
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SABIP - a postscript
21 Aug 2010 | 11:22 amDear reader Whilst I know that the recent abolition of SABIP (Strategic Advisory Board for Intellectual Property Policy) hasn't exactly been met with a grief stricken response, spare a thought for some worthwhile research which will now get absorbed into the Intellectual Property Policy. If you want to know more, Download Research post-SABIP. You'll get a good picture of recent and future items on the IP policy research agenda. Enjoy the remainder of summer. Regards Laurie Kaye -
What's [still] Hot in Digital Media Law
17 Aug 2010 | 7:10 amDear reader I've always liked Bill Gates' observation that "We always overestimate the change that will occur in the next two years and underestimate the change that will occur in the next ten." So I thought I'd apply that to my own observations back in the early credit crunch days of April 2008 about the changes we're seeing in digital media law. You can find a transcript of my talk on 'What's Hot in Digital Media Law' here. I identified four focal points of change: (1) What and how do you regulate? ; (2) Who carries the can?; (3) Where… -
Do we need an IP Tsar?
4 Aug 2010 | 3:08 amDear Reader Mark Owen of Harbottle & Lewis wrote an excellent piece in the Lawyer about whether we need an IP Tsar. As a member of SABIP's Copyright Expert Panel, and having experienced 'de-quangoing' at first hand (see my last post here) I want to endorse Mark's call for ensuring that IP is at the heart of Government policy. John Alty, the IPO's new CEO, has written on the IPO website that "For me, the IPO’s work is at the heart of the UK’s future prosperity. Knowledge creation and exploitation will deliver the high value added business we need in the… -
Goodbye SABIP
20 Jul 2010 | 4:34 amDear reader So the full force of Government cuts has hit the IP world, with the dissolution of SABIP, the Strategic Advisory Board for Intellectual Policy. As a member of its Copyright Expert Panel, I have now experienced the full force of Vince Cable's quango-cutting power. The IPO will integrate SABIP's work on copyright issues into its own work research programme on the economic value of IP, so the theme of evidence-based IP policy will continue. As new business models struggle to emerge in the media industries from a world of 'content is free', at the same time as… -
Legal Update - Contracts (BSkyB v EDS)
4 May 2010 | 2:16 amDear Reader, If you will indulge us veering slightly away from the usual digital media and IP topics, we would like to turn to matters contractual by drawing your attention to a very important recent case - BSkyB v EDS [2010] EWHC 86 (TCC). You can find the full 468 page Judgment here. Or, if you don't have a spare week to plough through it, we've picked out the key points in our legal update below. The significance of this case extends to all industries so the publishers and media companies amongst you should take note of the below as much as the IT suppliers and outsourcers - and…
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Media Law Journal
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Rooney tunes
5 Sep 2010 | 2:20 pmThe ever-excellent Inforrm blog fillets the UK tabloid media for their expose of footballer Wayne Rooney’s affair. It’s plainly private… so what was that public interest justification again? -
FOIled
30 Aug 2010 | 6:13 pmNoRightTurn has done some excellent work compiling statistics on whether government Ministers are complying with the time limits in the Official Information Act. His conclusion: too often, they’re not. Only one Minister, Chris Finlayson, met the legal standard of responding to requests “as soon as reasonably practicable, and in any case not later than 20 working days after the day on which the request is received”. Every other Minister is breaking the law. Overall, only 71% of requests were answered on time, while four Ministers - Jonathan Coleman, Tim Groser, Judith… -
Killing the messenger
28 Aug 2010 | 10:31 pmThere’s much to ponder in James Hollings’ thoughtful opinion piece on suicide reporting in this week’s Sunday Star-Times. Why are NZ’s suicide statistics so high, though our reporting restrictions are so tight? How convincing is the social science research suggesting media reports can lead to copycat suicides? Is important reporting being headed off by the gag around things that look like suicides? Did the government really think hard enough about the Bill of Rights before imposing this ban? But I think he goes too far in saying this: We should be clear that this… -
Improving accuracy
20 Jul 2010 | 10:36 pmA funny thing happened on the way to loosening the Accuracy standard in the Broadcasting Codes of Practice. It got tightened up instead. Let me explain. The old Radio code said broadcasters have to be truthful and accurate on points of fact. The TV code was the same. Broadcasters hated it. It meant that they were responsible for every botch they broadcast, no matter how trivial, no matter how much care they took with their facts, and even if the error was made by an apparently reliable and expert source. My favourite example: when Assignment showed a clip of PM Helen Clark (wrongly) saying… -
My star turn
15 Jul 2010 | 9:26 pmThe new TVNZ 7 show “The Court Report”, filmed at VUW law school, debuted yesterday. Criminal barrister Greg King hosts; I’m the roving reporter. Check it out here.
