Brief for July 2012

Welcome to the Citizen Media Law Brief, a monthly newsletter highlighting recent blog posts, media law news, legal threat entries, and other new content on the Citizen Media Law Project's website, as well as upcoming events and other announcements. You are receiving this email because you have expressed interest in the CMLP or registered on our site, www.citmedialaw.org. If you do not wish to receive this newsletter, you can unsubscribe by following the link at the bottom of this email or by going to http://www.citmedialaw.org/newsletter/subscriptions.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * News from the Citizen Media Law Project...

The CMLP, undeterred by the record-setting heat in Boston, has been hard at work this summer on a number of fronts. The halls of the Berkman Center are abuzz with summer interns, and our three - Kristin, Natalie, and Tabitha - have been churning out volumes of content for the CMLP, including blog posts, updates to our threats database, and new sections of our legal guide. Thanks again, team!

We are delighted to announce the expansion of our legal guide into some new topics and states. We have several new pages of content for our two newest states in the guide, Arizona and Missouri. We also added a special section on forming a news cooperative in California, and right of publicity pages for Florida, Pennsylvania, and Texas. We hope that these resources continue to be of use to those of you seeking a quick reference on legal issues related on online publication.

On the research and response side of the project, Jeff is getting ready for a trip to the Association for Education in Journalism and Mass Communication (AEJMC) conference in Chicago, where he will be discussing legal issues for journalism schools acting as news providers. Andy has been developing a number of resources for journalists planning to cover the party nominating conventions in Charlotte and Tampa late this summer. Much more on that to follow.

And throughout it all, the Online Media Legal Network has kept us busy as we connect more and more online journalism clients with attorneys. The network has now served over 200 clients with over 400 matters, and the size of the network has grown to almost 270 attorneys. If you are a digital media publisher with a legal issue, please feel free to request legal assistance. And if you are an attorney with experience in media, corporate, nonprofit, or intellectual property law, we need you! Please apply to join the network.

We hope you all are having a fun and restful summer, and look forward to sharing much more on the weeks and months ahead!

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The latest from the Citizen Media Law Project blog...

In a two-parter, Jeff Hermes examines free speech doctrine in light of the Supreme Court's decision on the Stolen Valor Act. Falsity and the First Amendment: The U.S. Supreme Court Rules on the Stolen Valor Act Stolen Valor, Part II: The Legislative and Executive Branches Take the Hint

Marie-Andrée Weiss explains what happens when free speech is subservient to the dignity of country leaders. Lèse Majesté: 16th Century Censorship Meets 21st Century Law

Marc Randazza shows the substantive and procedural weaknesses of Nevada's anti-SLAPP law, and one place where the 9th Circuit may give it some collateral strength. Nevada Needs A Revised Anti-SLAPP Statute, But The Ninth Circuit Gives Us Some Daylight

Natalie Nicol lays out why Washington's trafficking law fundamentally changes the duties of online content hosts. Does Washington State's SB 6251 Require Online Classified Sites to Monitor All Third-Party Content?

Tabitha Messick scrutinizes the peculiar claim of "defamation by omission." Hey! You Defamed Me (By Not Saying Anything About Me)!

Mary-Rose Papandrea looks at whether Supreme Court precedent provides First Amendment protections for the in-house leakers of classified information. Leakers and the First Amendment

Kristin Bergman looks at the balance of right of publicity and free speech, in the unique context of newspaper-based merchandise stores. From Accident Photos to the White House: Contesting Photo Use in Newspaper Merchandise Sales

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Threats recently added to the CMLP database or updated...

Scott v. WorldStarHipHop, Inc. Posted July 17, 2012

Jacobson v. "Al