Is The New York Daily News Getting Ricketts?

Image via WikipediaThe New York Post is reporting today a rumor that its rival Gotham tabloid New York Daily News may be sold by Mort Zuckerman to the DNA Info Website, which is backed by the Ricketts family.

Although none of the potential players involved commented on the rumor, the Post said DNA Info, which reports on Manhattan, is considering a takeover of the Daily News. Tom Ricketts is the chair of the Chicago Cubs, which the family acquired from the bankrupt Tribune Co. for $900 million.

Two French Journalists Released By Taliban After 18 Months' Captivity

Image via WikipediaTwo France Television journalists kidnapped in north-eastern Afghanistan by the Taliban in December 2009, have been released, according to France24.com.

Forty-six-year-old journalist Herve Ghesquiere and 47-year-old cameraman Stephane Taponier purportedly were captives of Taliban commander Mullah Beriyal, according to France24. Taponier has covered the Iraq War and several African conflicts, while Ghesquiere worked for Exhibits, a France 3 newsmagazine.

Their 18-month captivity marked the longest detention of French journalists since the Lebanese Civil War in the 1980s.

UPDATE: High Court Next Term Will Decide if FCC Indecency Rules Pass 1st Amendment Muster

Image via WikipediaSurf's Up as the U.S. Supreme Court just wrapped up the current term, but the High Court already has announced next term it will hear FCC v. Fox Television Stations, Inc. (Case No. 10-1293), addressing two rulings by the U.S. Circuit Court of Appeals for the Second Circuit that held the Federal Communications Commission's indecency rules governing "fleeting expletives" and "fleeting nudity" violate the First Amendment.

As reported frequently by this blog (see "TUOL" posts 4/22/11, 1/5/11, 8/30/10), the cases center on the FCC 2004 fleeting expletives rule and a 2001 policy involving profanity and nudity on broadcast television during the hours from 6 a.m. to 10 p.m. when it is believed children may be viewing.  The Second Circuit held the FCC rules constitutionally vague and unenforceable, while broadcasters argue they are a relic in an age in which such content is widely available on the Internet and cable tv and chill speech by preventing the airing of valued programming, such as the film "Saving Private Ryan," that is replete with four-letter words.

The Obama Administration believes the Second Circuit rulings prevent the FCC from carrying out its mandated duties of regulating the airwaves by enforcing statutory restrictions on broadcast indecency.  The High Court in a 5-4 ruling has said the FCC indecency rules do not violate the Adminstrative Procedure Act, but will focus on the First Amendment aspect of the rules next Fall.

"TUOL" can't f***** wait for the case to be argued.

St. Louis Post Dispatches 23 Staffers to Unemployment Line

Image via WikipediaTwenty-three employees, none from the editorial department, have been let go by the St. Louis Post-Dispatch as ad revenues and circulation remain weak, according to the St. Louis Business Journal.

Marketing, production and information technology were targeted in the latest round of layoffs. The Post-Dispatch is owned by Davenport, Iowa-based Lee Enterprises. Lee lost $1.5 million in the Second Quarter of 2011, compared to a $3 million profit during the same period in 2010, the Journal reported.

Presidential Twits To Debate in the Blogosphere

Image by Getty Images via @daylifeGOP presidential hopefuls' July 20 debate in New Hampshire will prominently be featured in the blogosphere, courtesy of 140 DEV, LLC, according to the Website Mashable.com.

The Republican Liberty Caucus of New Hampshire, one of the debate's organizers, said the debate platform set up by consulting company 140 DEV, LLC, will carry separate streams of Tweets from candidates, the moderator and the public displayed on 140TownHall.com. According to Mashable.com, one column will note the number of followers, mentions and retweets of each candidate, another column will display the debate in real time and a third column will contain a Tweet box into which the public may enter its comments.

Additionally, related tweets automatically will be retweeted into Twitter account @140townhall. The July 20 debate will be moderated by radio host Randy Humphries and sponsored by the TeaParty.net. No doubt there will be more than 140 characters in attendance.

UPDATE: A Day Without Winklevoss...

Image via CrunchBaseA day after Tyler & Cameron Winklevoss, the Olympian twin rowers (a description "TUOL" hoped never to have to write again after its post on 6/23/11) said they would not appeal the decision of the U.S. Circuit Court of Appeals for the Ninth Circuit to the U.S. Supreme Court that refused to overturn their settlement agreement with Facebook founder Mark Zuckerberg of a lawsuit regarding the social network's origins, their attorney has filed a status report with the U.S. District Court for the District of Massachusetts seeking permission to conduct discovery, according to reports by Reuters and Bloomberg News wire services.

The Winklevosses claim the discovery in the matter of ConnectU v. Facebook (Case No. 07-10593) is necessary to determine whether the defendant "intentionally or inadvertently suppressed evidence." The twins and Connect U founder and business partner Divya Narendra contend they were misled and deprived of important documents during settlement discussions of their lawsuit.

If Hollywood can continue to crank out X-Men movies, surely another Social Network sequel isn't too much to expect. Maybe the litigious twins are looking for their own spinoff.

NY Judge: Falsely Labeling Someone Homosexual Libel Per Se

Image via WikipediaEvolving social mores are clashing head-on with legal precedent in New York, as illustrated by the state's Legislature debating legalizing same-sex marriage at the same time Broome County Supreme Court Justice Phillip R. Rumsey this week denied a summary judgment motion to dismiss a defamation suit in which the underlying alleged libelous statement involved imputing that an individual was gay.

As reported in The New York Law Journal, in the case of Yonaty v. Mincolla (Case No. 1003-2009), Justice Rumsey ruled imputing homosexuality to an individual constitutes libel per se.  Mark Yonaty, who denies being gay, has sued Jean Mincolla, alleging his betrothed broke off their engagement after she was advised that he was gay or bisexual. Mincolla then sued Ruthanne Koffman, who allegedly repeated the allegation to the plaintiff's girl friend's mother, according to the Journal article. 

Acknowledging changing societal perceptions about homosexual conduct, which long ago was against the law in New York, Justice Rumsey nonetheless said he was bound by legal precedent and the ample body of New York case law that holds false accusations of homosexuality rise to the level of defamation per se.

The Court of Appeals, the Empire State's highest court, declared New York's sodomy law unconstitutional in 1980, but has yet to weigh in on the question of whether imputing sexual orientation to an individual should be grounds for a defamation action.

Media General Troops Ordered to Take Furlough

Image via WikipediaRichmond-based media conglomerate Media General has ordered staffers to take a 15-day furlough before the end of the year, Mediabistro blog "TV Spy" reports.

Fresh off a $4.2 million loss in operating revenues for the First Quarter of 2011 (see "TUOL" post 4/21/11), Media General is hopeful the mandatory furloughs will enable the company to avoid staff layoffs and attain its cash flow goal, the "TV Spy" blog posted. Media General, whose largest footprint is in the southeastern U.S., owns 18 TV stations, 3 metropolitan dailies, 20 community newspapers and 200 specialty publications. Among its diverse holdings are Providence's WJAR-TV, WVTM-TV in Birmingham, Alabama, The Tampa Tribune and The Richmond Times-Dispatch.

UPDATE: Winklevoss Twins Save Face--Lose Facebook

Image via WikipediaAfter "careful consideration," Cameron and Tyler Winklevoss--America's favorite twin former Olympic rowers--and their business partner, Divya Narendra, founder of ConnectU, told the U.S. Circuit Court of Appeals for the Ninth Circuit Wednesday that they would not seek Supreme Court review of the appellate court's adverse ruling in May concerning their ownership dispute with Facebook founder Mark Zuckerberg over the social network giant.

According to The Wall St. Journal and Associated Press, the Winklevosses (Winklevi?) have decided to make do with the settlement on which they signed off in 2008 that netted each $20 million in cash and Facebook stock in return for abandoning their lawsuit against Zuckerberg. The Ninth Circuit rejected their challenge of the settlement that they claimed they were mislead into accepting. (See "TUOL" post 5/17/11.)

Hollywood chronicled the dispute among former Harvard classmates Zuckerberg and the Winklevoss twins regarding the development of Facebook in "The Social Network." Reportedly, the Facebook stock held by the Winklevosses today exceeds $100 million in value.

When the Ninth Circuit refused to invalidate the settlement in May, the Olympian twins spoke of petitioning the U.S. Supreme Court to review the decision, which sparked criticism in the media that they were out of their sculls, so to speak.

Colorado High Court Says Public Can't View Ex-Guv's Cell Phone Records

Image via WikipediaBy a 4-2 margin, the Colorado Supreme Court this week held in Denver Post Corp. v. Ritter (Case No. 10SC94) that the personal cell phone records of former Governor Bill Ritter are exempt from disclosure under the Colorado Open Records Act ("CORA") [C.R.S. secs. 24-72-201 to 24-72-206].

Factors influencing the High Court were that Gov. Ritter received no reimbursement from the state for the purchase of the phone, kept billing statements for payment purposes only and did not turn over the statements to any state agency. Writing for the majority in its 28-page opinion, Justice Gregory Hobbs said the Denver Post failed to show the cell phone logs were public records, which CORA defines as: "writings made, maintained or kept by the state...for use in the exercise of functions required or authorized by law."

The Post sought the phone records in 2008. Gov. Ritter produced logs from his state-purchased Blackberry, but declined to turn over his personal cell phone bills. The monthly phone records compiled by the carrier include more than 10,000 calls that indicate the date and length of conversations, but do not identity the parties involved or the substance of the calls.

The majority opinion stated that the newspaper had not shown Gov. Ritter retained the personal cell phone bills in his capacity as Colorado's chief executive and that the burden of proof was not on him to prove that the phone bills were not a public record.  The Court noted that it was the province of  the legislature to amend CORA if it chooses to include personal cell phone bills of elected officials as subject to disclosure.

In a dissenting opinion, Justice Nancy Rice said the majority's holding undermines the transparency sought by the enactment of CORA and "provides an incentive for public officials  to shield records of phone conversations about official business by intermingling them with records of personal calls."

A tip of the hat to the Website of the Reporters Committee for Freedom of the Press for reporting on this decision.

HuffPo Across the Pond

Image by Getty Images via @daylifeNews aggregator Huffington Post will unveil its United Kingdom version on July 6, reports PaidContent.co.uk.

Former Marie Clare editor Carla Bevan, editor-in-chief of AOL's UK portal, will be at the helm of HuffPo UK, and former BBC political reporter Chris Wimpress will be the site's politics editor, according to the PaidContent post. The Canadian edition of HuffPo recently launched and Arianna Huffington plans to invade France in the near future.

Lawyer Brings Libel Suit Against Middle Schoolers Who Allegedly Bullied Daughter on Facebook

Image via WikipediaIn Medley a/n/f S.M., a Minor, v. Moore et al., filed this week in Harris County (Texas) 157th District Court, a Houston attorney sued three teens and their parents for defamation after the middle schoolers allegedly posted a video on Facebook purportedly cyber-bullying the attorney's teen-aged daughter, The Texas Lawyer reports.

Attorney Jason Medley initially sent cease and desist letters to the parents of the teens whose May 18th Facebook video post about his daughter allegedly contained "several statements alleging untrue facts, as well as other suggestive, derogatory, inflammatory and sexually explicit statements and gestures." The letters demanded each of the alleged offenders contribute $5,000 or more to the Center for Safe and Responsible Internet Use.

Medley filed suit after his initial letters and follow-up correspondence elicited no response, according to the Texas Lawyer article. Facebook removed the post after Medley reported it as abusive.

Media Conglomerate Slashes Two Percent of Its Work Force

Image via WikipediaRomanesko's Media blog reports that media giant Gannett Co. is doling out pink slips to 700 members of its U.S. Community Publishing (USCP) unit, roughly 2 percent of its work force.

The company blamed a weak real estate sector, lagging automobile ads and slow job growth for its plunging ad revenues, necessitating the staff reduction. Romanesko notes that in March, Gannett CEO Craig Dubow saw his salary doubled and received a $1.25 million cash bonus, so apparently, the "soft" advertising market is hitting some employees harder than others.

Online Bedbug Posters Bitten By Hotel's Defamation Suit

Image via WikipediaIn Carleton Hotel LLC v. Michael Gladstone & Liora Braun, filed in Cook County (Ill.) Circuit Court this week, disgruntled hotel guests who posted on Tripadvisor.com about a hotel's alleged disinterest in their complaint about allegedly discovering a bedbug have been sued by the hotel.

The ABA Journal Law News Now blog  reports that the Carleton Hotel's complaint against the defendants includes counts alleging defamation, false light invasion of privacy and tortious interference with prospective economic advantage. The complaint alleges the defendants complained about finding a bedbug on the final night of their three-day stay at the plaintiff's facility in April, but that neither a hotel maintenance crew nor a pest control service discovered any of the small parasitic insects.

The hotel contends the defendants' Tripadvisor post that the hotel did not take their bedbug complaint seriously is false and harmful to its reputation.

Federal Judge Orders Hustler Magazine to Pay $375k to Heirs of Murder Victim for Publishing Nude Pix

Image via WikipediaThe Associated Press reports that U.S. District Court for the Northern District of Georgia Judge Thomas Thrash, Jr. has approved a $375,000 damages award against Hustler Magazine for publishing nude photos of Nancy Benoit a year after she was murdered by her professional wrestler husband Chris Benoit who then committed suicide.

The case, Toffoloni v. LFP Publishing Group LLC d/b/a Hustler Magazine et al. (Case No. 1:2008-cv-00421) originally resulted in a $20 million jury verdict for Nancy Benoit's family, but Judge Thrash ruled that the judgment exceeded Georgia's ceiling on punitive damages. Benoit was killed in June 2007, and her nude pictorial appeared in Hustler the following year. The plaintiffs claimed Nancy Benoit had told the photographer to destroy the nude images that were subsequently published soon after they were taken.

The AP account claims an attorney for Benoit's family plans to appeal Judge Thrash's decision overturning the $20 million judgment.

UPDATE: City Paper Tries to "SLAPP" Away Redskins' Owner's Libel Suit

Image by Getty Images via @daylifeThe Washington CityPaper last week filed a motion to dismiss Washington Redskins' owner Dan Snyder's defamation suit against it (see "TUOL" posts 4/27/11, 2/3/11), according to The Washington Post.

Snyder sued the paper and its parent, Atalaya Capital Management LP, in February 2011, regarding an unflattering portrayal of the owner entitled "The Cranky Redskins Fans Guide to Dan Snyder," written by defendant Dave McKenna that was published in November 2010. The CityPaper's motion to dismiss filed in Superior Court relies on The District of Columbia Anti-SLAPP Act of 2010 [D.C. Law 18-0351], enacted by Congress, which also stays Snyder's discovery against the defendants.

Anti-SLAPP ("Strategic Lawsuits Against Public Participation") measures are intended to deflect litigation aimed at intimidating and silencing critics concerning matters of public concern through the threat of costly lawsuits. The CityPaper claims a letter from Snyder's counsel to Atalaya in November 2010, that demanded an apology and retraction and addressed the prospect of legal action supports the anti-SLAPP argument.

Meredith Corp. Pulls Plug on ReadyMade Magazine

Image via WikipediaThe Des Moines Register reports today that Des-Moines-based media conglomerate Meredith Corp. will trim 75 jobs company-wide and shutter its environment-friendly lifestyle periodical, ReadyMade Magazine, which it acquired in 2006.

Meredith blamed a weak home advertising market and sagging ad revenues for its decision to end ReadyMade. The media company will take a $10 million charge against its fiscal 2011 4th Quarter earnings related to its staff cutbacks and ceasing publication of ReadyMade.

Meredith Corp. publishes roughly 30 periodicals, ranging from Better Homes and Gardens and Family Circle to Diabetic Living and Wood, and owns about a dozen tv stations, including WGCL-TV in Atlanta and WFSB-TV in Hartford.

Appeals Court Says Journos Can Pursue Civil Rights Suit Against Prosecutor

Image by Getty Images via @daylifeIn Michael Lacey, Jim Larkin & Phoenix New Times LLC v. Maricopa County, Joseph Arpaio et al. (Case No. 09-15703), the U.S. Circuit Court of Appeals for the Ninth Circuit last week said qualified immunity does not shield special prosecutor Dennis Wilenchik from civil rights and malicious prosecution claims by publishers of an alternative Arizona newspaper.

The Ninth Circuit upheld the immunity claims of Sheriff Joseph Arpaio and then-Maricopa County Attorney Andrew Thomas, but reversed the trial court's dismissal of  the plaintiffs' First Amendment and Fourth Amendment violation claims against Wilenchik, who pursued subpoenas against the plaintiffs without convening a grand jury. As alleged in the plaintiffs' complaint, when The Phoenix New Times published the contents of the subpoenas they were contesting in court, Wilenchik ordered the publishers' arrest under a law that prohibits publishing information concerning grand jury proceedings.

Lacey and Larkin were released the day after their arrest and the charges were dropped, prompting the plaintiffs to allege that the special prosecutor was trying to chill free speech and knew no crime had been committed. Underlying the lawsuit was a probe by the plaintiffs in 2004 of commercial land deals allegedly involving Sheriff Arpaio.

007 Film Producer Broccoli Wins Libel Suit--Reputation Be-'SMERSHed'

Image by Getty Images via @daylifeU.K. newspapers The Daily Mail and Mail on Sunday will publish apologies and pay undisclosed damages to James Bond film producer Barbara Broccoli over August 2010, articles that suggested as a U.K. Film Council member, she steered grant money to a company she owned, according to a story on the Website PressGazette.uk.com.

The Mail on Sunday August 15, 2010, edition sported a story headlined: "Axed film quango gave 70 million pounds ($113,228,148) to own members." For "TUOL"'s American readers, Broccoli wasn't upset about being called a quango (quasi-autonomous non-governmental orgranization). Rather, she resented the allegation that she used her position as a member of the board of directors of the Film Councill to funnel public funds  to First Light, a company the defendants alleged she owned.

Her attorneys told the High Court that First Light is a registered charity to which Broccoli contributes, but has neither an ownership interest or financial stake in. Associated Newspapers, the defendants' parent company, plans to publish an apology to the plaintiff, Broccoli, Barbara Broccoli.

Bahrain Sues U.K. Daily for Defamation

Image via WikipediaBahrain has sued  The Independent for allegedly "orchestrating a defamatory and premeditated media campaign" against the Persian Gulf kingdom, according to an article on the British daily's Website (www.independent.co.uk).

The government-controlled Bahrain News Agency reported that Bahrain and Saudi Arabia had been targets of  "unrealistic and provocative articles," and pointed a finger at Independent Middle East correspondent Robert Fisk. The constitutional monarchy has retained counsel in the U.K., but The Independent is not waving a white flag, because, as in the U.S., case law in the U.K. has well-established that local and national governments can't sue for defamation.

Were an individual Bahranian official to sue, he or she would have to prove his or her reputation was tarnished by the media defendant, who in turn, could rely on a defense that it was serving the public interest by publishing the purportedly defamatory statements. 

'Twittersquatter' Sued for Trademark Infringement

Image via WikipediaIn Coventry First LLC v. John Does 1-10 (Case No. 2:11-cv-03700), filed this week in the U.S. District Court for the Eastern District of Pennsylvania, a life settlement industry leader is suing anonymous pranksters who have false-Tweeted messages under the "@coventryfirst" moniker that hope for mass disasters to occur.

As reported by Reuters news service and PaidContent.org, Coventry First's complaint includes claims alleging unjust enrichment, trademark dilution, unfair competition, violation of the Anti-Cybersquatting Consumer Protection Act [15 U.S.C. sec. 1125(d)] and trademark infringement under the Lanham Act [15 U.S.C. sec. 1125(a)]. The plaintiff is going after the anonymous posters for approximately 14 offending Tweets.

Coventry First LLC is a player in the life settlement field, in which companies re-sell life insurance policies to investors who pay the premiums and collect the policy proceeds when the insured parties die. The unidentified Tweeters have been sending messages tinged with sarcasm to their approximate 10 followers noting that Coventry and its investor/clients maximize their profits from insured individuals dying before too many premium payments have been made.

Included among the Tweets that have gotten under the skin of the plaintiff are: "Horrible weekend, No plane crashes (they make a lot of money), no earthquakes," and "the faster people die, the more coventry first profits! not even cig companies want their customers to die as fast." 

Among the significant hurdles Coventry First LLC must overcome to prevail are showing that consumers are confused by the faux-Tweets to support its Lanham Act (trademark infringement) claim, a daunting task given the obviously jokey nature of the fake messages.  Also, the anti-cybersquatting statute arguably does not contemplate Twitter user names, but rather, "second level" domain names. Nor is it clear how the plaintiff plans to show the John Does at issue are commercially benefiting from the fake Twitter account.

It will be worth tracking whether this case adds anything to social media jurisprudence or if it just akin to Coventry First yelling out the windows of its corporate headquarters: "Get off of my lawn!"

Are You Watching U.S. Supreme Court?: Philippines High Court Allows Televising of Murder Trial

Image via WikipediaThe trial stemming from the 2009 Maguindanao Massacre that claimed 57 lives, including 31 journalists, will be televised, the Philippines Supreme Court has ruled.

As reported by the Jurist Website (http://jurist.law.pitt.edu), the Philippines High Court cited the logistical challenges of accommodating all interested parties in the courtroom as its rationale for permitting the murder trial of clan members, who allegedly killed backers of a political rival, to be aired.

The court, however, has imposed numerous restrictions on broadcasters, such as allowing only one stationary camera to record the proceedings, prohibiting the camera from zooming in or panning the courtroom, barring voiceovers during the trial, requiring broadcasters to air the day's proceedings, commercial-free, from beginning to end and preventing the re-broadcast of daily coverage until after final judgment.

McGraw-Hill Wants Out of the TV Biz

Image via WikipediaMediabistro's TV Spy blog reports today that McGraw-Hill Companies. is looking to unload its broadcasting holdings.

The company's Broadcasting Group boasted an 18 percent increase in revenues in 2010 compared to 2009 figures, generating nearly $100 million, according to TV Spy, which should make the tv properties attractive to suitors.  Among the McGraw-Hill-owned stations are KMGH-TV in Denver, KERO-TV in Bakersfield, California and WRTV-TV in Indianapolis.

McGraw-Hill, which unloaded Business Week to Bloomberg in 2009, is best known for its ownership of Standard & Poor's, J.D. Power and Associates and McGraw-Hill Education publications.

Federal Judge Stays Order Identifying Anonymous Wikipedia Editors in Trademark Infringement Case

Image via WikipediaUnited States District Court Judge for the District of Colorado Christine Arguello this week stayed a magistrate's order that would have required  Internet Service Provider Skybeam to disclose the identities of anonymous Wikipedia editors who claimed Facconable USA Corporation sympathized with a terrorist organization.

In Facconable USA Corporation v. John Does 1-10 (Case No. 1:11-cv-00941-CMA-BNB), the plaintiff, part of the M1 Group owned by Najib Makati, Lebanon's Prime Minister, sued anonymous posters who submitted an entry on the company's Wikipedia page alleging that Facconable USA Corp.'s parent M1 Group "is purported to be a strong supporter of Hezbollah," according to Courthouse News Service.  The plaintiff's 9-page complaint includes counts alleging a trademark infringement violation of the Lanham Act [15 U.S.C. sec. 1125(a)], trade libel and violation of Colorado's Consumer Protection Act [C.R.S. sec. 6-1-101 et seq.].

A magistrate granted plaintiff's request for expedited discovery, ordering ISP Skybeam to reveal the IP addresses identifying the anonymous posters by June 3.  Skybeam, assisted by Public Citizen, sought judicial review of the denial of their motion for a protective order.

Judge Arguello granted a stay of the magistrate's order, relying on four factors: 1)the likelihood of success of the ISP's appeal; 2)whether irreparable harm would occur if the stay were denied; 3)the absence of harm to opposing parties if the stay were granted and 4)the risk of harm to the public interest. Judge Arguello concluded the anonymous posters' First Amendment rights to speak anonymously would be compromised if the magistrate's order went forward, whereas the only harm to the plaintiff in allowing the stay would be a slight delay of its litigation.

'TUOL' Batting .1000

Image by e_calamar via FlickrThe devoted, but ever-humble staff of "TUOL" today published its 1,000 post since the blog debuted in May 2009. When "TUOL" set out two years ago to produce a blog that would report on developments in media law and the ever-evolving print, broadcast and online journalism industry with a unique voice in a sometimes light-hearted, sometimes angry, sometimes objective way, naysayers said it couldn't be done.

Apparently, they were correct.

For the time-being at least, "TUOL" will continue to try to get it right.

Have a drink in our honor--but at your expense.