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Supreme Court Solidifies Privacy Protections for Cellphone Data by Holding Warrantless Searches Incident to Arrest Unconstitutional

Supreme Court Solidifies Privacy Protections for Cellphone Data by Holding Warrantless Searches Incident to Arrest Unconstitutional

DWT Media Law July 2, 2014 Comments Off on Supreme Court Solidifies Privacy Protections for Cellphone Data by Holding Warrantless Searches Incident to Arrest Unconstitutional

By Ronald G. London and Robert Corn-Revere In a consolidated decision in Riley v. California and United States v. Wurie, the Court held that a warrantless search of a suspect’s cellphone data incident to arrest is

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New York Appellate Court Adopts “Endorsed or Intended” Threshold Test for Libel by Implication

New York Appellate Court Adopts “Endorsed or Intended” Threshold Test for Libel by Implication

DWT Media Law July 1, 2014 Comments Off on New York Appellate Court Adopts “Endorsed or Intended” Threshold Test for Libel by Implication

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The Big Picture: Aereo Held to Violate Public Performance Right

The Big Picture: Aereo Held to Violate Public Performance Right

DWT Media Law June 30, 2014 Comments Off on The Big Picture: Aereo Held to Violate Public Performance Right

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California Supreme Court Holds Names of Officers in Police Shootings Should Be Disclosed

California Supreme Court Holds Names of Officers in Police Shootings Should Be Disclosed

DWT Media Law June 26, 2014 Comments Off on California Supreme Court Holds Names of Officers in Police Shootings Should Be Disclosed

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New York Decision Protects Author’s Speculation on Paternity as  Opinion Based on Disclosed Facts — Oleniak v. Slaton

New York Decision Protects Author’s Speculation on Paternity as Opinion Based on Disclosed Facts — Oleniak v. Slaton

DWT Media Law June 25, 2014 Comments Off on New York Decision Protects Author’s Speculation on Paternity as Opinion Based on Disclosed Facts — Oleniak v. Slaton

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2nd Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

2nd Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

DWT Media Law June 24, 2014 Comments Off on 2nd Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

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European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

DWT Media Law June 23, 2014 Comments Off on European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

By Thomas R. Burke, Robert D. Balin, and Ambika K. Doran In a significant and concerning decision, the European Court of Justice (“ECJ”) has endorsed the so-called “right to be forgotten” and ruled that,

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The Redskins Decision: What It Means and Does Not Mean

The Redskins Decision: What It Means and Does Not Mean

DWT Media Law June 20, 2014 Comments Off on The Redskins Decision: What It Means and Does Not Mean

By David M. Silverman and Marshall J. Nelson The Trademark Trial and Appeal Board (TTAB or Board) decided to cancel the Washington Redskins’ federal trademark registrations for REDSKINS as disparaging of Native Americans, in

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Drone Journalism: It’s in the Air.  
But Will the Media and FAA Be Ready for Take-Off in 2015?

Drone Journalism: It’s in the Air. 
But Will the Media and FAA Be Ready for Take-Off in 2015?

DWT Media Law May 6, 2014 Comments Off on Drone Journalism: It’s in the Air. 
But Will the Media and FAA Be Ready for Take-Off in 2015?

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FCC Proposes Fines of More Than $1.9M 
for EAS Violations

FCC Proposes Fines of More Than $1.9M 
for EAS Violations

DWT Media Law May 4, 2014 Comments Off on FCC Proposes Fines of More Than $1.9M 
for EAS Violations

By Burt Braverman and Jennifer Toland Frewer On March 3, 2014, the Federal Communications Commission (FCC) issued an omnibus Notice of Apparent Liability (NAL) that proposes substantial fines totaling more than $1.9 million against

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California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations” Include Websites

California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations” Include Websites

DWT Media Law May 2, 2014 Comments Off on California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations” Include Websites

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Blurred Lines: 9th Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media

Blurred Lines: 9th Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media

DWT Media Law April 30, 2014 Comments Off on Blurred Lines: 9th Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media

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Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

DWT Media Law April 29, 2014 Comments Off on Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

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Big Fees Award in Copyright Arbitration for LA Times

Big Fees Award in Copyright Arbitration for LA Times

DWT Media Law April 28, 2014 Comments Off on Big Fees Award in Copyright Arbitration for LA Times

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9th Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

9th Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

DWT Media Law December 30, 2013 Comments Off on 9th Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

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New York’s Shield Law Follows New York Reporters Wherever They May Roam

New York’s Shield Law Follows New York Reporters Wherever They May Roam

DWT Media Law December 30, 2013 Comments Off on New York’s Shield Law Follows New York Reporters Wherever They May Roam

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The Curious Case of Sherlock Holmes’ Copyright

The Curious Case of Sherlock Holmes’ Copyright

DWT Media Law December 29, 2013 Comments Off on The Curious Case of Sherlock Holmes’ Copyright

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Prior Restraint Battles in L.A.

Prior Restraint Battles in L.A.

DWT Media Law December 17, 2013 Comments Off on Prior Restraint Battles in L.A.

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What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

DWT Media Law December 16, 2013 Comments Off on What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

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HOPE, Don Henley, Abortion, and the Politics of Fair Use

HOPE, Don Henley, Abortion, and the Politics of Fair Use

DWT Media Law December 13, 2013 Comments Off on HOPE, Don Henley, Abortion, and the Politics of Fair Use

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New California Law Protects Journalists’ Records Held By Third Parties

New California Law Protects Journalists’ Records Held By Third Parties

DWT Media Law December 9, 2013 Comments Off on New California Law Protects Journalists’ Records Held By Third Parties

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6th Circuit Rules That TripAdvisor’s Ranking of “Dirtiest Hotels” Is Protected Opinion

6th Circuit Rules That TripAdvisor’s Ranking of “Dirtiest Hotels” Is Protected Opinion

DWT Media Law December 3, 2013 Comments Off on 6th Circuit Rules That TripAdvisor’s Ranking of “Dirtiest Hotels” Is Protected Opinion

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Court Denies Section 230 Immunity to TheDirty.com for User Posts, Setting Stage for Battle in 6th Circuit

Court Denies Section 230 Immunity to TheDirty.com for User Posts, Setting Stage for Battle in 6th Circuit

DWT Media Law August 31, 2013 Comments Off on Court Denies Section 230 Immunity to TheDirty.com for User Posts, Setting Stage for Battle in 6th Circuit

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New York Federal Court Applies Plausibility Standard of Iqbal and Twombly to Allegations of Actual Malice in Defamation Cases

New York Federal Court Applies Plausibility Standard of Iqbal and Twombly to Allegations of Actual Malice in Defamation Cases

DWT Media Law August 30, 2013 Comments Off on New York Federal Court Applies Plausibility Standard of Iqbal and Twombly to Allegations of Actual Malice in Defamation Cases

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COPPA Update: FTC Provides Further Guidance 
With FAQ Additions

COPPA Update: FTC Provides Further Guidance 
With FAQ Additions

DWT Media Law August 29, 2013 Comments Off on COPPA Update: FTC Provides Further Guidance 
With FAQ Additions

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2nd Circuit Affirms First Amendment Protection for Scientific Debate

2nd Circuit Affirms First Amendment Protection for Scientific Debate

DWT Media Law August 28, 2013 Comments Off on 2nd Circuit Affirms First Amendment Protection for Scientific Debate

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Lawsuits for Allegedly Improper Takedown Notices Continue to Face Uphill Battle

Lawsuits for Allegedly Improper Takedown Notices Continue to Face Uphill Battle

DWT Media Law August 27, 2013 Comments Off on Lawsuits for Allegedly Improper Takedown Notices Continue to Face Uphill Battle

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State Attorneys General Propose 
Dramatic Amendment to Section 230

State Attorneys General Propose 
Dramatic Amendment to Section 230

DWT Media Law August 26, 2013 Comments Off on State Attorneys General Propose 
Dramatic Amendment to Section 230

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For the First Time, the U.S. District Court for the District of Columbia Dismisses a Libel Suit Based Solely on D.C.’s Anti-SLAPP Act

For the First Time, the U.S. District Court for the District of Columbia Dismisses a Libel Suit Based Solely on D.C.’s Anti-SLAPP Act

DWT Media Law August 25, 2013 Comments Off on For the First Time, the U.S. District Court for the District of Columbia Dismisses a Libel Suit Based Solely on D.C.’s Anti-SLAPP Act

By Laura R. Handman, Constance M. Pendleton, and Micah J. Ratner Judge Reggie B. Walton of the United States District Court for the District of Columbia recently applied the District of Columbia Anti-SLAPP Act,

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The D.C. Anti-SLAPP Act at Two Years Old: Erie Issues and Interlocutory Appeal Take Center Stage

The D.C. Anti-SLAPP Act at Two Years Old: Erie Issues and Interlocutory Appeal Take Center Stage

DWT Media Law June 22, 2013 Comments Off on The D.C. Anti-SLAPP Act at Two Years Old: Erie Issues and Interlocutory Appeal Take Center Stage

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Court Rules Pentagon Cannot Withhold Names of U.S. Army School of the Americas Graduates

Court Rules Pentagon Cannot Withhold Names of U.S. Army School of the Americas Graduates

DWT Media Law June 21, 2013 Comments Off on Court Rules Pentagon Cannot Withhold Names of U.S. Army School of the Americas Graduates

By Duffy Carolan and Jeff Glasser On April 22, 2013, the United States District Court, Northern District of California (Hon. Phyllis J. Hamilton) granted summary judgment against the Pentagon in an important Freedom of Information

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Court Lifts Injunction That for Over 30 Years Barred Release of Physician-Identifying Medicare Records

Court Lifts Injunction That for Over 30 Years Barred Release of Physician-Identifying Medicare Records

DWT Media Law June 20, 2013 Comments Off on Court Lifts Injunction That for Over 30 Years Barred Release of Physician-Identifying Medicare Records

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2nd Circuit Affirms Denial of Preliminary Injunction in Internet Streaming Case

2nd Circuit Affirms Denial of Preliminary Injunction in Internet Streaming Case

DWT Media Law June 19, 2013 Comments Off on 2nd Circuit Affirms Denial of Preliminary Injunction in Internet Streaming Case

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Cloud Computing: U.S. Export Controls Reach for the Sky

Cloud Computing: U.S. Export Controls Reach for the Sky

DWT Media Law May 20, 2013 Comments Off on Cloud Computing: U.S. Export Controls Reach for the Sky

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New York Court Quashes Sheldon Adelson’s Third-Party Subpoena to Wall Street Journal

New York Court Quashes Sheldon Adelson’s Third-Party Subpoena to Wall Street Journal

DWT Media Law May 10, 2013 Comments Off on New York Court Quashes Sheldon Adelson’s Third-Party Subpoena to Wall Street Journal

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Washington State Enacts Uniform Correction and Clarification Law

Washington State Enacts Uniform Correction and Clarification Law

DWT Media Law May 8, 2013 Comments Off on Washington State Enacts Uniform Correction and Clarification Law

Photo: Rachel La Corte, Associated Press  By Bruce E. H. Johnson, Ambika Doran, and Sarah K. Duran On May 20, 2013, Washington Governor Jay Inslee signed into law ESB 5236, a version of the

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The 2nd Circuit Weighs in on Transformativeness in the Visual Arts

The 2nd Circuit Weighs in on Transformativeness in the Visual Arts

DWT Media Law April 30, 2013 Comments Off on The 2nd Circuit Weighs in on Transformativeness in the Visual Arts

By Christopher J. Robinson A year after hearing oral argument, the 2nd Circuit has issued its much anticipated decision in Cariou v. Prince, 714 F.3d 694 (2nd Cir. 2013), on copyright fair use in the visual arts. As

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Lawsuit Helps End Speech Restrictions Outside California Library

Lawsuit Helps End Speech Restrictions Outside California Library

DWT Media Law April 28, 2013 Comments Off on Lawsuit Helps End Speech Restrictions Outside California Library

By Mark Fefer As a result of a lawsuit pursued by DWT on behalf of the ACLU of Northern California, the city council of Redding, Calif., agreed to withdraw speech limitations it had imposed

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Commercial Distribution of News Content on the Internet by Media Monitoring Service Not a Fair Use

Commercial Distribution of News Content on the Internet by Media Monitoring Service Not a Fair Use

DWT Media Law April 17, 2013 Comments Off on Commercial Distribution of News Content on the Internet by Media Monitoring Service Not a Fair Use

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FTC Announces COPPA Rule Changes to Catch Up With Social Networks, Smartphones, and Other Developments

FTC Announces COPPA Rule Changes to Catch Up With Social Networks, Smartphones, and Other Developments

DWT Media Law April 16, 2013 Comments Off on FTC Announces COPPA Rule Changes to Catch Up With Social Networks, Smartphones, and Other Developments

A MediaLaw Monitor Digital Exclusive

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Media Companies Successfully Fight for Access to Information About Church Officials’ Role in Priest Sex Scandal

Media Companies Successfully Fight for Access to Information About Church Officials’ Role in Priest Sex Scandal

DWT Media Law April 12, 2013 Comments Off on Media Companies Successfully Fight for Access to Information About Church Officials’ Role in Priest Sex Scandal

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Holy Copyrightability Batman! The Batmobile Is A Superhero…

Holy Copyrightability Batman! The Batmobile Is A Superhero…

DWT Media Law April 9, 2013 Comments Off on Holy Copyrightability Batman! The Batmobile Is A Superhero…

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Are False Allegations of Homosexuality Still Libel, per se?

Are False Allegations of Homosexuality Still Libel, per se?

DWT Media Law April 4, 2013 Comments Off on Are False Allegations of Homosexuality Still Libel, per se?

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New Washington Supreme Court Opinion Makes Pre-Decisional Case Records Easier to Seal

New Washington Supreme Court Opinion Makes Pre-Decisional Case Records Easier to Seal

DWT Media Law March 15, 2013 Comments Off on New Washington Supreme Court Opinion Makes Pre-Decisional Case Records Easier to Seal

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President Obama Signs Video Privacy Protection Act Amendment

President Obama Signs Video Privacy Protection Act Amendment

DWT Media Law February 26, 2013 Comments Off on President Obama Signs Video Privacy Protection Act Amendment

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UK Court of Appeal Holds That, Upon Notice, Google May Be Liable For Defamatory User-Generated Content on Blogging Platform Operated by Google

UK Court of Appeal Holds That, Upon Notice, Google May Be Liable For Defamatory User-Generated Content on Blogging Platform Operated by Google

DWT Media Law February 19, 2013 Comments Off on UK Court of Appeal Holds That, Upon Notice, Google May Be Liable For Defamatory User-Generated Content on Blogging Platform Operated by Google

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Manhattan Judge Dismisses Libel Claim Brought by Brooklyn Judge

Manhattan Judge Dismisses Libel Claim Brought by Brooklyn Judge

DWT Media Law January 31, 2013 Comments Off on Manhattan Judge Dismisses Libel Claim Brought by Brooklyn Judge

A MediaLaw Monitor Digital Exclusive

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A Court Appointed Conservator is a “Public Official” and Must Prove Actual Malice

A Court Appointed Conservator is a “Public Official” and Must Prove Actual Malice

DWT Media Law January 7, 2013 Comments Off on A Court Appointed Conservator is a “Public Official” and Must Prove Actual Malice

A MediaLaw Monitor Digital Exclusive

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Can We Publish This Photo?

Can We Publish This Photo?

DWT Media Law November 22, 2012 Comments Off on Can We Publish This Photo?

Analyzing Fair Use When the Well-Known Subject of an Image Owns the Copyright

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Federal Court Finds Albert Einstein’s Postmortem Publicity Rights Have Expired Under New Jersey Common Law, Dismisses Lawsuit Against General Motors

Federal Court Finds Albert Einstein’s Postmortem Publicity Rights Have Expired Under New Jersey Common Law, Dismisses Lawsuit Against General Motors

DWT Media Law November 21, 2012 Comments Off on Federal Court Finds Albert Einstein’s Postmortem Publicity Rights Have Expired Under New Jersey Common Law, Dismisses Lawsuit Against General Motors

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