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TOP FIVE

1. Rolling Stone Faces Long Road to Trial on Campus-Rape Article


https://www.courthousenews.com/rolling-stone-faces-long-road-trial-campus-rape-
article/

2. $27M Defamation Award Against Allstate Teeters at Seventh Circuit


https://www.courthousenews.com/27m-defamation-award-allstate-teeters-seventh-
circuit/

3. Donald Trump: Lawsuit Over What WikiLeaks Published Threatens Presidency


http://www.hollywoodreporter.com/thr-esq/donald-trump-tells-judge-lawsuit-what-
wikileaks-published-threatens-presidency-1051903

4. Clients Turn on Champion for Women Lisa Bloom After Her Scorched-Earth Crusade
for Harvey Weinstein
https://www.thedailybeast.com/lisa-bloom-has-files-on-rose-mcgowans-sexual-history-
inside-her-scorched-earth-crusade-for-harvey-weinstein

5. Ellen DeGeneres Under Fire for Katy Perry Breast-Ogling Tweet


https://www.thewrap.com/ellen-degeneres-under-fire-for-katy-perry-breast-ogling-
tweet/

DEFAMATION

N.Y. Sup.: Judge Lets Former N.Y. Times Columnist Sue Over Movie Based on Ex-Wife's
New Yorker Story
Hollywood Reporter
"Therefore plaintiff sufficiently pleads that the defamatory statements that he is
an adulterer or a philanderer and is a womanizer keeping company with sleazy and
sexually promiscuous women were of and concerning him."
http://www.hollywoodreporter.com/amp/thr-esq/judge-lets-ny-times-columnist-sue-
movie-based-wifes-new-yorker-story-1052205
Opinion: Cohen v. Broad Green Pictures
http://nycourts.gov/reporter/pdfs/2017/2017_32230.pdf

1st Cir.: This court ruling could silence alleged victims of sexual misconduct
CNN (Johnita Due)
A recent Massachusetts federal appellate court ruling dismissed a defamation case
against Bill Cosby. This decision may slow the momentum behind women coming forward
with their stories of sexual harassment and abuse.
http://www.cnn.com/2017/10/26/opinions/defamation-silence-women-opinion-
due/index.html

Cal. App.: Supermodel Janice Dickinson poised to proceed with defamation suit
against Bill Cosby
MyNewsLA
A panel of appellate court justices appeared poised Thursday to allow former
supermodel Janice Dickinsons defamation lawsuit against Bill Cosbyto proceed and
also permit her to reinstate the comedians former attorney as a defendant.
https://mynewsla.com/hollywood/2017/10/26/supermodel-janice-dickinson-poised-to-
proceed-with-defamation-suit-against-bill-cosby/

N.Y. Sup.: AIG Sues to Avoid Paying Disney $25 Million in Pink Slime Settlement
Variety
AIG sued the Walt Disney Company on Thursday, seeking a declaration that it does
not have to pay a $25 million insurance claim arising from the pink slime
defamation case.
http://variety.com/2017/tv/news/aig-sues-disney-pink-slime-lawsuit-25-million-
1202600419/

Mass. Super.: City Council candidate files $50 million defamation suit against The
Eagle
Berkshire Eagle
In his handwritten, three-page filing, Gaetani claimed that the article was a
"character assassination" that put him "in a bad light in the city of Pittsfield."
http://www.berkshireeagle.com/stories/pittsfield-city-council-candidate-files-50-
million-defamation-suit-against-the-eagle,522926

PRIVACY

N.D. Cal.: In IMDb Actor Age Discrimination Case, Judge Still Skeptical of
California Law
Law.com
California lawyers and the Screen Actors Guild-American Federation of Television
and Radio Artists again faced skeptical questions from the federal judge overseeing
their quest to defend a state law which would limit IMDb.coms ability to publish
the ages of actors and others in Hollywood.
https://www.google.com/url?
sa=t&rct=j&q=&esrc=s&source=newssearch&cd=2&cad=rja&uact=8&ved=0ahUKEwjP0YPchJHXAhX
GLyYKHSU_APwQqQIIKSgAMAE&url=https%3A%2F%2Fwww.law.com%2Ftherecorder%2Fsites
%2Ftherecorder%2F2017%2F10%2F26%2Fin-imdb-actor-age-discrimination-case-judge-
still-skeptical-of-california-law%2F&usg=AOvVaw0oaLkpVwzojPjVNdkDvUgX

ACCESS

Trump Releases Some JFK Assassination Files, Keeps Others Secret


Fortune
President Trump, somewhat of a conspiracy theorist himself, has opted to keep some
of these files classified, pending a review which is set to take 180 days
http://fortune.com/2017/10/26/read-jfk-assassination-files-trump/

See also
National Archives Release Files on John F. Kennedys Assassination
New York Times
The granddaddy of all conspiracy theories has re-emerged in the American psyche
with the release of the National Archivess final trove of records about the
assassination.
https://mobile.nytimes.com/2017/10/26/us/politics/jfk-files.html

Del. Ch.: Weinstein Sues Weinstein Company, Demanding Access to Records


New York Times
Mr. Weinstein believes that his email account which is the primary, if not only,
account he used during the term of his employment by the company will contain
information exonerating him, the complaint said.
https://www.nytimes.com/2017/10/26/business/media/harvey-weinstein-lawsuit.html
Complaint: Weinstein v. Weinstein Co.
https://www.scribd.com/document/362714723/Weinstein#from_embed

PRIOR RESTRAINT

9th Cir.: Comic Con" Gag Orders Vacated By Appeals Court


Hollywood Reporter
Broadly suppressing free speech is a violation of the First Amendment, even if a
judge had the best of intentions when gagging the organizers of the Salt Lake Comic
Con in the midst of a heated trademark lawsuit. That's the lesson from a noteworthy
intervention on late Thursday by the 9th Circuit Count of Appeals.
http://www.hollywoodreporter.com/thr-esq/comic-con-gag-orders-vacated-by-appeals-
court-1052334
Opinion: In re Dan Farr Productions
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/10/26/17-72682.pdf

Mo.: Boone County judge's prohibition on publishing information from court hearing
is prior restraint
STLtoday.com
A judge in Boone County, Mo., ordered the media not to publish names, photos or
video of victims in a criminal case, even though the person was speaking in open
court.
http://www.stltoday.com/news/local/nothing-to-see-here/commentary-boone-county-
judge-s-prohibition-on-publishing-information-from/article_5e3783db-15e8-579c-84dd-
226f5815f7c7.html

BROADCAST

Dems Want FCC to Mediate Verizon/Univision Impasse


Broadcasting & Cable
Senate Democrats have called on Univision and Verizon (with an assist from the FCC)
to settle their retransmission consent impasse, which has kept Univision nets off
Verizon's FiOS MPVD and mobile wireless platforms since Oct. 16.
http://www.broadcastingcable.com/news/washington/dems-want-fcc-mediate-
verizonunivision-impasse/169638

Political Foes Ask AT&T-TW Be Stopped


Satellite Business News
In a highly unusual move, groups from both sides of the political spectrum joined
together Thursday to essentially urge the federal government to block AT&Ts
pending acquisition of Time Warner. Their position was expressed in a letter to
Attorney General Jeff Sessions.
http://www.tvnewscheck.com/article/108440/political-foes-ask-atttw-be-stopped

Main Studio Rule Repeal Likely Boon For Local Stations


Law360
The FCC furthered its deregulatory agenda this week when it voted to nix the "main
studio rule," a seven-decade-old requirement that mandated TV and radio
broadcasters keep a home base near their community of license.
https://www.law360.com/media/articles/978925

INTERNET

D.D.C.: Is Wikileaks Protected by Section 230? The Trump Campaign Thinks So


Technology & Marketing Law Blog
Prof. Goldman's thoughts about the Trump campaigns arguments that Section 230
immunity applies to Wikileaks, and that immunity eliminates any conspiracy by
negating any illegal act.
http://blog.ericgoldman.org/archives/2017/10/is-wikileaks-protected-by-section-230-
the-trump-campaign-thinks-so.htm

What will Facebook, Twitter and Google do about Russia?


Recode
Recodes Tony Romm previews next weeks congressional hearings on social media and
the 2016 election.
https://www.recode.net/2017/10/27/16555432/facebook-twitter-google-russia-social-
media-election-2016-us-congress-romm-too-embarrassed-podcast

Twitter drops hammer and sickle on RT, Sputnik ad buys over election shenanigans
Ars Technica
No more sponsored Tweets, but Russia-funded media sites can still post "organic"
Tweets.
https://arstechnica.com/information-technology/2017/10/twitter-drops-hammer-and-
sickle-on-rt-sputnik-ad-buys-over-election-shenanigans/

Reddit Is Cracking Down on Nazi and White Supremacist Groups


Vice
The move is part of a new policy banning "violent" content and is causing confusion
for some users.
https://www.vice.com/en_us/article/d3d7gm/reddit-is-cracking-down-on-nazi-and-
white-supremacist-groups-vgtrn

INTELLECTUAL PROPERTY

C.D. Cal.: Frankie Valli Says EMI Is Holding Music Rights 'Hostage'
Law360
Four Seasons crooner Frankie Valli said in a lawsuit filed in California federal
court Wednesday that EMI Music Publishing Ltd. is holding the rights to his music
hostage even though he terminated the rights agreement with them.
https://www.law360.com/media/articles/978702
Complaint: Valli v. EMI Music Publishing
http://www.medialaw.org/images/medialawdaily/10.27.17valli.pdf

MEDIA BUSINESS

To get to 10 million subscribers, The New York Times is focusing on churn


Digiday
The Times is trying to think more like a consumer business. A big part of that is
shifting from focusing on signing up new subscribers to retaining current ones.
https://digiday.com/media/get-10m-subscribers-new-york-times-focusing-churn/

Leftist magazine content to skip industry fads


Columbia Journalism Review
Three top editors at the fast-growing leftist political magazine Jacobin said
theyre content to focus on print and a niche audience instead of chasing the
digital-media staples of video and scale.
https://www.cjr.org/the_delacorte_lectures/jacobin-socialist-magazine-delacorte.php

HBO, Penguin cancel Game Change over Halperins alleged sexual harassment
Politico
The most lucrative franchise in political journalism appears doomed.
https://www.politico.com/story/2017/10/26/hbo-mark-halperin-game-change-movie-
sexual-harassment-244214

YouTube is taking on TV on its home turf, and its starting to win


Recode
YouTube viewing on actual TV sets is up 70 percent in the last year.
https://www.recode.net/2017/10/26/16527272/youtube-tv-viewing-100-million-google-
alphabet-earnings-q3-october-google

Startup studios go Hollywood as CAA launches Creative Labs


TechCrunch
The ties that bind the tech industry and Hollywood continue to get tighter as the
Creative Artists Agency launches a startup studio to develop new businesses with
and for its roster of clients.
https://techcrunch.com/2017/10/27/startup-studios-go-hollywood-as-caa-launches-
creative-labs/

How Snapchat Has Kept Itself Free of Fake News


Bloomberg
Being less friendly to advertisers also insulates the service from viral hoaxes and
propaganda.
https://www.bloomberg.com/news/features/2017-10-26/how-snapchat-has-kept-itself-
free-of-fake-news

MEDIA TECH

The Guardian Mobile Labs latest experiment targets public transit commuters with
an offline news app
Nieman Journalism Lab
The app is a really good first step for gathering information, using it in a
respectful way, and seeing how people feel about that.
http://www.niemanlab.org/2017/10/the-guardian-mobile-labs-latest-experiment-
targets-public-transit-commuters-with-an-offline-news-app/

LABOR ISSUES

Time Inc. Cuts Continue, Between 50 and 75 Employees Out


WWD
The cuts are part of Time Inc.'s continued digital transformation.
http://wwd.com/business-news/media/time-inc-cuts-continue-between-50-and-75-
employees-out-11036784/

Whos next? A moment of reckoning for men and the behavior we can no longer
ignore.
Washington Post
The sound you hear is a million men shaking in their wingtips and cowboy boots
men who are experiencing, perhaps for the first time, the kind of enveloping unease
and fear that theyve triggered in women, to some degree, for years.
https://www.washingtonpost.com/lifestyle/style/whos-next-a-moment-of-reckoning-for-
men--and-the-behavior-we-can-no-longer-ignore/2017/10/26/b273007a-ba5c-11e7-9e58-
e6288544af98_story.html

E! News Ken Baker Accused of Sexual Harassment, From an Unwanted Kiss to a Sex-Toy
Text
The Wrap
https://www.thewrap.com/e-news-ken-baker-accused-of-sexual-harassment-from-an-
unwanted-kiss-to-a-text-about-a-sex-toy/

Bill OReilly Allegedly Called Woman He Was Harassing To Get Dirt On Another Victim
HuffPost
Bill OReilly tried to persuade a Fox News colleague to tattle on a woman who had
accused him of sexual harassment, according to an ex-boyfriend of the woman who
took the call.
https://www.huffingtonpost.com/entry/bill-oreilly-sexual-
harassment_us_59f205b7e4b03cd20b800108
NDAs Cant Silence Everyone: Heres When You Can Safely Break a Nondisclosure
Agreement
The Wrap (Susan Seager)
Weinstein and Weinstein Company would face court skepticism if they tried to sue
women for violating their non-disclosure agreements.
https://www.thewrap.com/harvey-weinstein-nda-non-disclsoure-agreements-sexual-
harassment-fox-news-gloria-allred/

Post-Halperin, female media exec calls out "the screamers"


Axios
"If you are anxiously looking around your media organization wondering who the
harassers are or were, start with the men in power who are bullies: who screamed at
subordinates, berated them, seemed to take pleasure in humiliating them often
publicly.
https://www.axios.com/halperin-female-media-exec-screamers-2502288998.html

BuzzFeed News Parts Ways With Three Entertainment Staffers After Identifying
Holes in Harvey Weinstein Coverage
Variety
BuzzFeed News is changing its approach to covering the entertainment biz after
top editors perceived that the site trailed on coverage of the Harvey Weinstein
scandal and three members of the editorial staff are exiting the company with the
new strategy.
http://variety.com/2017/digital/news/buzzfeed-news-entertainment-layoffs-harvey-
weinstein-1202600327/

INTERNATIONAL

EU: How Europe fights fake news


Columbia Journalism Review
This month, a new law against hate speech will go into effect in Germany, fining
Facebook, Twitter, YouTube, and other social media companies up to 50 million if
they fail to take down illegal content from their sites within 24 hours of being
notified. For more ambiguous content, companies will have seven days to decide
whether to block the posts.
https://www.cjr.org/watchdog/europe-fights-fake-news-facebook-twitter-google.php

Australia: International Jury told masseuse was neurotic and bitter


AAP
The masseuse who said West Indies cricketer Chris Gayle exposed himself to her in a
Sydney dressing room was plainly neurotic, bitter and vengeful, a jury has been
told.
https://au.news.yahoo.com/nsw/a/37630052/jury-set-to-retire-in-gayle-court-case/

Colombia: Constitutional Court orders deletion of defamatory Blogger material


International Forum for Responsible Media
https://inforrm.org/2017/10/27/news-google-in-colombia-constitutional-court-orders-
deletion-of-defamatory-blogger-material/

Honduran cameraman who reported receiving threats is killed


Knight Center for Journalism in the Americas
https://knightcenter.utexas.edu/blog/00-18940-honduran-cameraman-who-reported-
receiving-threats-killed-copan

Malta: Daphnes murder - Slain journalists sources must be protected


Independent
Journalists from most, if not all, of Maltas media houses gathered in an
unprecedented show of unity on Thursday to honour fallen media colleague Daphne
Caruana Galizia.
http://www.independent.com.mt/articles/2017-10-21/newspaper-leader/TMID-Editorial-
Daphne-s-murder-Slain-journalist-s-sources-must-be-protected-6736180483

Mexican TV Mogul Steps Down as CEO Amid Programming Struggles


Wall Street Journal
Televisa, which Emilio Azcrraga Jean led for 20 years, is grappling with lower
advertising revenue as viewers lose taste for telenovelas
https://www.wsj.com/articles/mexican-tv-mogul-leaves-amid-programming-struggles-
1509037669

Russian editor says newspaper plans to arm its journalists


Associated Press
The editor of Russias most prominent opposition newspaper says he intends to arm
his staff with guns that fire rubber bullets amid growing concern about attacks on
journalists.
https://www.washingtonpost.com/world/europe/russian-editor-says-newspaper-plans-to-
arm-its-journalists/2017/10/26/b0399aac-ba8a-11e7-9b93-b97043e57a22_story.html?
utm_term=.66e30bcc87c0

MISCELLANEOUS

Ariz. Super.: Convicted killer Jodi Arias sues former defense attorney over tell-
all book
Arizona Republic
Convicted killer Jodi Arias, whose obsessed trial groupies clogged tabloid TV and
social media with tales of salacious intrigue and courthouse snark, filed a civil
lawsuit Tuesday in Maricopa County Superior Court against her former defense
attorney, L. Kirk Nurmi.
http://www.azcentral.com/story/news/local/mesa/2017/10/25/convicted-killer-jodi-
arias-sues-former-defense-attorney-kirk-nurmi-over-tell-all-book/801071001/

Steve Bannon Aims To Expose Bankrupt Hollywood With New Breitbart War
HuffPost
Bannon is vowing to expose what he calls bankrupt Hollywood with a three-part
series by a researcher described as someone who was embedded in the industry.
https://m.huffpost.com/us/entry/us_59f26c90e4b077d8dfc8a583

Senator McConnell preps judicial confirmation frenzy


Politico
The transformation of the federal judiciary has been one of the early successes of
Donald Trumps presidency.
https://www.politico.com/story/2017/10/26/judicial-nominees-mitch-mcconnell-244210

FROM MLRC

Challenges and Solutions for Media Companies and Their Journalist Workforces in
Harnessing the Internets Power While Avoiding Its Pitfalls
A report from the Employment Committee addressing two very timely issues: (1) How
to encourage journalist employees use of social media while attempting to
reasonably limit that use through policies and workplace rules; and (2) How to deal
with the increased frequency with which journalists are subjected to abuse and
harassment due to works published online.
http://medialaw.org/component/k2/item/3855

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