A Free Meal for Time Writer Shows Flaws in FTC Rules

The New York Times has an interesting story on a Time.com food columnist who wrote about the food at his wedding from some of the leading chefs and restaurants in New York: without disclosing that all the food, as well as the venue atop the Empire Hotel, had been donated as "wedding gifts."

A Blogger, Suspended; No Free Speech at Work

Blogger and Los Angeles Times pressman Ed Padgett announced on his blog Wednesday (June 22) that he had been suspended by the paper, apparently for blogging (here, here, and here) about the newspaper's production woes late last week. 

Law.Gov: The Quest to Put the Law Online

On Friday (June 18) I attended "Law.gov: Putting It All Together," the final of a six-month series of 15 workshops held across the country to solicit input on a proposal by PublicResource.org founder Carl Malamud to create cost-free  "a distributed registry and repository of all primary [federal and state] legal materials in the United States."

More Media: I'm Interviewed on Social Media in Court

 

On Tuesday I joined Wichita (Kansas) Eagle Staff Writer for Interactive News Ron Sylvester to discuss Tweeting, blogging and use of other social media to report on courtroom proceedings in the latest Lawyer2Lawyer podcast. 

No Tweets for Blagojevich

The Chicago Tribune reports that at last week's of former Illinois Governor Rod Blagojevich's corruption trial, the federal District Court Judge James B. Zagel admonished the former governor not to tweet from the trial.

Judge Proposes Facebook to Resolve Discovery Dispute

Eric Goldberg''s Technology & Marketing Law Blog reports on a federal magistrate in Tennessee who has proposed an innovative way to resolve a discovery dispute in a personal injury case. (The case is actually a little sexier than that: the plaintiff fell while dancing on the bar at the "Coyote Ugly" tavern in Nashville.)

Since the parties could not agree on discovery of Facebook information of the plaintiff and her witnesses, so that the defense could access pictures of the incident posted on the social networking site, Magistrate Joe B. Brown proposed an innovative solution:

The End of Libel? Or Just Libel Trials?

The New York Observer has an interesting article based on the premise that "libel suits appear to be going out of fashion."  The article cites statistics from the Media Law Resource Center (my former employer), and anecdotal evidence from attorneys at several "legacy media" companies (who are also MLRC members).

Absolut Issue for FTC?

The Atlantic Yards Report blog reveals a e-mail from the advertising/p.r. agency for Absolut vodka, Ketchum, inviting Brooklyn bloggers to participate in the Absolut-sponsored "Fifth Annual Brooklyn Blogfest."  By participating in this "viral, underground effort," the e-mail states, bloggers "will receive exclusive access to product, information and events before anyone else. In addition, we will ensure that your name and your site are a very special part of all the big news."

There's apparently no mention in the e-mail of Federal Trade Commission guidelines requiring bloggers to disclose that they will receive products or services from Absolut for promoting the event. Under the guidelines, which can be the basis for FTC enforcement proceedings, and FTC's policies implementing them, this could mean trouble for the advertiser and its ad agency, and possibly for the bloggers who participated.

FTC's Provocative Discussion Paper on the Future of Media

(cross posted at the Citizen Media Law Project)
The Federal Trade Commission—which last year created guidelines to impose ethical standards on bloggers—is now taking on the ambitious task of saving the print media in the Internet era.

Court Finds Links Libelous

The Reporters Committee for Freedom of the Press -- where I began my career as a legal fellow -- reports that a federal bankruptcy court in Texas has held that links in a e-mail to libelous blog postings can made the sender of the e-mail subject to civil libel claims.  The court held that inclusion of the links constituted "actual malice" required in libel suits brought by public officials.

This appears to be the first time that a court has made such a ruling.

Prosecutors Get Creative Online

The Internet Cases blog reports on a California appeals court decision allowing prosecution under the state's "false personation" statute (Cal. Penal Code section 529) of a man who created a fake MySpace profile of a church pastor, including statements that the pastor has engaged in homosexual activity and drug use. 

Another FTC Rules Violation?

First Google, then Gwyneth Paltrow, then Loft clothing stores. Now questions are being raised about whether the relationship between HBO and a Hollywood blogger runs afoul of the Federal Trade Commission's rules requiring bloggers to disclose paid endorsements.   

Groups Call for FCC Examination of Hate Speech

(cross posted at the Citizen Media Law Project) 
Ars Technica reports on an effort by several groups to get the Federal Communications Commission to examine "hate speech" and "misinformation" in on- and off-line media.