Justia Communications Law Opinion Summaries

In 1981, a Georgia federal district court concluded that Atlanta’s zoning regulations for adult businesses were constitutionally overbroad in their entirety and permanently enjoined their enforcement. Atlanta did not appeal. Cheshire operates an Atlanta adult novelty and video store, Tokyo Valentino, and sued, asserting that the definitions of “adult bookstore,” “adult motion picture theater,” “adult mini motion picture theater,” “adult cabaret,” and “adult entertainment establishment” in the current Atlanta City Code are facially overbroad in violation of the First Amendment.On remand, the district court granted Atlanta summary judgment. The Eleventh Circuit affirmed. The district court did not err in providing a narrowing construction of certain terms (the term “patron” in the definitions of “adult motion picture theater” and “adult mini-motion picture theater”) in the challenged provisions. The phrase “intended, designed, or arranged” suggests that the challenged provisions do not apply to isolated or intermittent uses of the property. Cheshire failed to show that any overbreadth in the provisions is “substantial” as required by Supreme Court precedent. The challenged provisions do not purport to ban the activities or conduct they define or describe but are part of a zoning scheme regulating where covered establishments can locate or operate. View "Cheshire Bridge Holdings, LLC, v. City of Atlanta," on Justia Law

The Supreme Court denied Relator's request seeking a writ of mandamus ordering the public-records officer for the Ohio Adult Parole Authority (APA) to produce records that Relator claimed to have requested under Ohio's Public Records Act, Ohio Rev. Code 149.43, holding that Relator was not entitled to the writ.In his mandamus action, Relator alleged that he sent a public-records request to the APA's public-records officer seeking public records from the personnel files of six Ohio Parole Board members who were members of the panel for Relator's parole hearing and that the officer had not responded to his request. The Supreme Court denied mandamus relief, holding that because Relator failed to provide evidence to demonstrate that he delivered the alleged public-records request to the APA at all, Relator was not entitled to relief in mandamus. View "State ex rel. Griffin v. Doe" on Justia Law

The Court of Chancery adopted Verizon Communications Inc.'s proposal for the amount of security required for its indemnification claim relating to national consumer-oriented class actions, holding that Altaba, Inc. (the Company) shall reserve $400 million as security earmarked for that claim, inclusive of the $58.75 million that the Company had paid to fund its share of the settlement.The Company, formerly known as Yahoo! Inc., publicly disclosed massive data breaches only after selling its operating business to Verizon Communications Inc. The Company's customers filed a series of national customer class actions. The parties to the class actions subsequently reached a global settlement, which the federal district court approved. The Company then dissolved. Verizon possessed a contingent contractual claim to indemnification from the Company for fifty percent of the liabilities associated with the class actions, and the Company proposed an amount of security that Verizon rejected. This proceeding followed, with the Company claiming that no security was required for Verizon's indemnification claim. The Court of Chancery held that the Company failed to carry its burden of proving that its proposed amount and form of security would be sufficient to satisfy Verizon's claim for indemnification if it matured and adopted Verizon's proposal for an amount. View "In re Altaba, Inc." on Justia Law

A member of Sons of Confederate Veterans applied to participate in the Old Soldiers Day Parade, a pro-American veterans parade funded and organized by the Alpharetta, Georgia, and was informed that the organization could participate if it agreed not to fly the Confederate battle flag.In a suit under 42 U.S.C. 1983, alleging that the City violated the First and Fourteenth Amendments, the district court held that the Parade constituted government speech and entered summary judgment against the Sons. The Eleventh Circuit affirmed. Governments “are not obliged under the First and Fourteenth Amendments to permit the presence of a rebellious army’s battle flag in the pro-veterans parades that they fund and organize.” In 2015, in Walker v. Texas Division, Sons of Confederate Veterans, the Supreme Court clarified that, “[w]hen [the] government speaks, it is not barred by the Free Speech Clause from determining the content of what it says.” View "Leake v. Drinkard" on Justia Law

Robert filed a petition, alleging that Dae violated a “no contest” clause in a family trust by filing a previous petition challenging Robert’s actions as trustee. Dae’s subsequently moved to strike Robert’s petition under the anti-SLAPP (strategic lawsuit against public participation) statute (Code Civ. Proc. 425.16.)The court of appeal affirmed the denial of the anti-SLAPP motion. Robert’s No Contest Petition arose from protected petitioning activity under Code of Civil Procedure 425.16(e)(1); to defeat Dae’s motion, Robert was required to show a probability that he would prevail on that Petition. Robert made such a showing. Dae’s petition broadly challenged Robert’s conduct in setting up a financial structure that Robert claimed was designed to avoid estate taxes. If Robert’s claim is true, Dae’s petition would implicate the no-contest provision by seeking to “impair” trust provisions giving Robert the authority to manage trust assets. Dae also challenged his own removal as a beneficiary. Whether that more specific challenge amounts to a “contest” for purposes of the no-contest clause depends upon the trustors’ intent. Robert provided sufficient evidence of the trustors’ intent to allow a change of beneficiary to make a prima facie showing of probability of prevailing on Robert’s contention that Dae’s claims are a “contest.” The court expressed no opinion on the outcome of Robert’s petition. View "Dae v. Traver" on Justia Law

Hepp hosts FOX 29’s Good Day Philadelphia. In 2018, Hepp was told by coworkers that her photograph was making its way around the internet. The image depicts Hepp in a convenience store, smiling, and was taken without Hepp’s knowledge or consent. She never authorized the image to be used in online advertisements. Hepp alleged each use violated her right of publicity under Pennsylvania law. A dating app advertisement featuring the picture appeared on Facebook. A Reddit thread linked to an Imgur post of the photo. Hepp sued, citing 42 PA. CONS. STAT. 8316, and common law. The district court dismissed Hepp’s case, holding that the companies were entitled to immunity under the Communications Decency Act of 1996, which bars many claims against internet service providers, 47 U.S.C. 230(c). The Third Circuit reversed, citing an exclusion in 230(e)(2) limitation for “any law pertaining to intellectual property.” Hepp’s claims are encompassed within the intellectual property exclusion. View "Hepp v. Facebook" on Justia Law

The Supreme Court affirmed the judgment of the circuit court mandating the release of certain records, holding that the Uniform Information Practices Act (UIPA) required the release of the requested records.UIPA mandates disclosure of public records but furnishes an exception for government records which, if disclosed, would constitute a clear unwarranted invasion of personal privacy. Plaintiff, the State of Hawaii Organization of Police Officers (SHOPO), sued under UIPA to prevent the disclosure of certain police misconduct records, claiming that they were subject to the privacy exception. The circuit court dismissed the complaint to the extent SHOPO's claim was based on a violation of the UIPA and denied the motion in all other respects, concluding that SHOPO had no private cause of action for disclosure of government records under the UIPA. The Supreme Court affirmed, holding (1) there is no private cause of action to prevent, as opposed to compel, the release of public records under UIPA; and (2) UIPA required the release of the records. View "State of Hawaii Organization of Police Officers v. City & County of Honolulu" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Appellant's petition for a writ of mandamus that sought to compel the disclosure of documents under the Freedom of Information Act (FOIA), Ark. Code Ann. 25-19-105 to -110, holding that the circuit court did not err in denying the petition.Appellant was convicted of capital murder and aggravated robbery and sentenced to life imprisonment without parole. The Supreme Court affirmed. In his FOIA petition, Appellant argued that he was entitled to materials from the prosecutor and the Hot Springs Police Department connected to his criminal conviction. The circuit court denied the petition. The Supreme Court affirmed, holding that Appellant failed to show that he had an established legal right to access investigative materials from local authorities. View "Burgie v. State" on Justia Law

Every Saturday morning since 2003, six-12 protesters have picketed Ann Arbor’s Beth Israel Synagogue, displaying signs on the grass by the sidewalk in front of the synagogue and across the street. The signs state: “Resist Jewish Power,” “Jewish Power Corrupts,” “Stop Funding Israel,” “End the Palestinian Holocaust.” The protests coincide with the arrival of the congregants to their worship service but the protesters have never prevented them from entering the building, have never trespassed on synagogue property, and have never disrupted their services. The signs, the congregants allege, inflict extreme emotional distress on congregants: one sometimes forgoes attending services or visits a different synagogue to avoid the signs; a Holocaust survivor, feels extreme distress when she sees the signs.The Sixth Circuit affirmed the dismissal of a suit that alleged that the protests (and the city’s failure to enforce a city sign ordinance against the protesters) violated the Religious Freedom Restoration Act and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000bb – 2000cc-5, civil rights statutes, and the congregants’ substantive due process and free exercise rights. While the plaintiffs have alleged a concrete and particularized harm to a legally protected interest, the First Amendment affords “robust protections” to nonviolent protests on matters of public concern. View "Gerber v. Herskovitz" on Justia Law

Devin Nunes, a Member of Congress from California, appeals the district court's dismissal of his complaint alleging defamation and conspiracy claims against defendant and Hearst based on an article published in Esquire magazine about his parents' farm and the use of undocumented immigrants.The Eighth Circuit agreed with the district court that the complaint fails to state a claim for express defamation based on the statements at issue in the article regarding Nunes' alleged improper use of his position as Chairman of the House of Permanent Select Committee on Intelligence and adopted the district court's conclusions. In regard to a statement regarding Nunes' attempt to undermine the Russia investigation, the court concluded that Nunes failed to identify that statement as allegedly defamatory in his complaint, and the court declined to consider the issue for the first time on appeal.However, in regard to Nunes' claim for defamation by implication, the court concluded that Nunes has plausibly alleged that defendant and Hearst intended or endorsed the implication that Nunes conspired to cover up his parents' farm's use of undocumented labor. The court explained that the manner in which the article presents the discussion of the farm's use of undocumented labor permits a plausible inference that defendant and Hearst intended or endorsed the implication. Finally, in regard to actual malice, the court concluded that the pleaded facts are suggestive enough to render it plausible that defendant engaged in the purposeful avoidance of the truth. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Nunes v. Lizza" on Justia Law