Media & Entertainment Law

1st Circuit Denies Review of Libel Ruling

Posted on March 18, 2009
The 1st U.S. Circuit Court of Appeals today turned down a petition asking the full circuit to rehear en banc the controversial decision Noonan v. Staples, in which a three-judge panel ruled that truth is not an absolute defense to libel. My earlier post about that ruling is here...

Lines drawn in battle to open government

Posted on March 15, 2009
The Springfield Republican kicks off Sunshine Week with a piece on the need to reform Massachusetts public records and open meeting laws: Lines drawn in battle to open workings of government.

Official Questions Closed Door Meeting

Posted on March 08, 2009
"Just because you can do it, doesn't mean you should do it." That notable quote came from Nicholas V. Hammond, a selectman in the town of Auburn, Mass., regarding a closed-door session that should have been open. As reported by Bill Fortier in the Worcester Telegram & Gazette, the town's selectman and its school committee went into a joint executive session, ostensibly to discuss strategy involving collective bargaining...

Journalists Warily Eye Massachusetts Libel Ruling

Posted on March 06, 2009
AP reporter Denise Lavoie has this story today on the 1st U.S. Circuit Court of Appeals decision in Noonan v. Staples that I wrote about on Feb. 16.

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Libel Ruling Protects Anonymous Comments

Posted on March 01, 2009

Board's E-mails Violated Open Meeting Law

Posted on February 27, 2009

More Views on 'Dangerous' Libel Case

Posted on February 18, 2009
Friday's 1st Circuit decision that truth is not always a defense to libel -- which I posted about here and here -- continues to draw reactions from other bloggers:At Nieman Journalism Lab, Martin Langeveld writes: "The case threatens to muzzle both news and entertainment media, and could be particularly dangerous to independent bloggers and small startup news organizations ? neither of which is likely to have the legal resources a traditional established news organization has to battle libel suits...

More on 1st Circuit's 'Dangerous' Libel Ruling

Posted on February 17, 2009
The 1st Circuit's libel ruling that I wrote about here yesterday has drawn reaction from a number of commentators. Dan Kennedy wrote about it for his weekly column in the Guardian. (In fact, it was Dan's request for comment that led me to write my post...

Think You Know Libel Law? Think Again

Posted on February 16, 2009
A bedrock principle of libel law is that truth is an absolute defense. If what you say about someone is true, the person cannot win a libel case against you, even if you defame them. The federal appeals court in Boston put a jackhammer to the bedrock this week...

Public Records Panel Friday in Boston

Posted on January 26, 2009
I received the following announcement from Bruce Mohl, editor of CommonWealth Magazine:January 30 , 2009 Hard Data: A panel discussion on the Massachusetts Public Records Law 10:00 a.m. to 11:30 a.m.The State HouseRoom A-2Boston, MA CommonWealth magazine will host "Hard Data: A panel discussion on the Massachusetts Public Records Law...

Lowell Sun Files Open Meeting Complaint

Posted on January 18, 2009
Latest example of government officials turning the law upside down: Preparing to go into a closed school committee meeting, the Wilmington, Mass., school superintendent told a Sun reporter that it would be illegal for the committee to meet in public. In fact, the law requires a public meeting before going into closed session...

Time Almost Up: Help Us Win Best Podcast

Posted on January 01, 2009
Voting ends tomorrow, Jan. 2, for best legal podcast in the ABA Journal Blawg 100. Our podcast, Lawyer2Lawyer, was in the lead, but has fallen into second place in these waning hours, behind the LexisNexis Legal News and Litigation Report. Voting is easy -- all you have to do is click on a box...

Our Podcast Named Best for Lawyers

Posted on December 22, 2008
For the third year running, a href="http://www.denniskennedy.com/blog/2008/12/dennis_kennedys_2008_lawrelated_blogging_awar.html"Dennis Kennedy's Blawggie Awards/a have named a href="http://www.legaltalknetwork.com/modules.php?name=Newsnew_topic=15"Lawyer2Lawyer/a as the best legal podcast...

Judge Reprimanded for Letters to Publisher

Posted on December 18, 2008
The judge who sent threatening letters to the publisher of span style="font-style: italic;"The Boston Herald/span received a public reprimand today from the Supreme Judicial Court. The SJC concluded that Superior Court Judge Ernest B. Murphy violated standards of judicial ethics when he wrote two letters to Herald Publisher Patrick J...

Salem News: Why the Secrecy?

Posted on December 17, 2008
Commenting on the Haverhill school committee's secret meeting to discuss an overdue electric bill, a href="http://www.salemnews.com/puopinion/local_story_351224421.html?keyword=topstory"The Salem News/a says:blockquoteIn general, public officials should err on the side of openness rather than privacy...

MNPA Annual Meeting: Still Time to Register

Posted on December 01, 2008
The annual meeting of the Massachusetts Newspaper Publishers Association is this Friday, Dec. 5. There is still time to register and you can do so using the 2008 registration form.The luncheon speaker is retiring Supreme Judicial Court Justice John M...

Two New Open Meeting Investigations

Posted on November 17, 2008
In Brookfield, the Worcester district attorney is investigating allegations that the Board of Selectmen violated the open meeting law twice in as many months, the Worcester Telegram & Gazette reports. Two selectmen are alleged to have participated in unposted meetings on July 8 and Sept...

Boston Globe Newsroom

Posted on November 15, 2008
Cell phone pic taken yesterday during tour.

Several Open Meeting Items Today

Posted on October 31, 2008
A number of open meetings items in the news today:Board Cited 3rd Time on Meeting Law. For the third time in a year, the Charlton Water-Sewer Commission has been cited for violating the open meeting law.Town Manager Under Fire. Stoughton residents vent anger over perceived open meeting law violation...

The Wilkerson Case and the Open Meeting Law

Posted on October 30, 2008
Sen. Diane Wilkerson faces the possibility of prison for allegedly violating the law and the public trust. Yet other public officials involved in this case also may have violated the law and the public trust, but they are unlikely to face any consequences...

A Call for a Public Access Task Force

Posted on October 27, 2008
I tend to equate the suggestion, "Appoint a committee," with "Avoid a decision." But the more I read about the need for reform of Massachusetts' open-government laws, the more frustrated I get at lawmakers' lack of action. I now believe that this is one problem that appointing a committee could actually help fix...

Yet Another Open Meeting Violation

Posted on October 21, 2008
Milford selectman violated "both the letter and the spirit" of the open meeting law when they met privately last summer with a real estate developer to discuss a proposed casino, the Worcester district attorney ruled this week. I take "the letter and the spirit" to imply that the board's violation was not just literal, but also intentional...

Ambrogi Elected Trustee of Bar Foundation

Posted on October 21, 2008
I am extremely honored to announced that I have been elected a trustee of the Massachusetts Bar Foundation, the premiere legal charity in Massachusetts working to increase access to justice for all people in the state. The MBF is the philanthropic partner of the Massachusetts Bar Association and is one of three charities designated to distribute IOLTA funds to programs that provide civil legal services and that enhance the administration of justice...

As Open Meeting Law Burns, Legislature Fiddles

Posted on October 19, 2008
Massachusetts district attorneys have slapped the knuckles of at least two more town boards for violations of the open meeting law. I wrote here last week about the Worcester DA's ruling that the Charlton board of selectman violated the law by meeting in private to evaluate the town administrator...

DA Says Town Broke Open Meeting Law

Posted on October 13, 2008
Worcester District Attorney Joseph D. Early Jr. has ruled that the Charlton, Mass., board of selectmen violated the open meeting law by meeting in private to evaluate the job performance of Town Administrator Robin Craver. The DA was acting on a complaint filed by the Telegram & Gazette, which reported the ruling in an Oct...

Springfield Acts to Open Police Board

Posted on October 08, 2008
I posted here last week about a ruling from the Hampden County district attorney that a Springfield board created by the mayor to review citizen complaints against police is not covered by the open meeting law. Now, The Republican reports that the City Council is considering re-establishing the board through a municipal ordinance, which would have the effect of bringing the board under the open meeting law...

Judge Grants Press Access to Poutre Testimony

Posted on October 01, 2008
A judge in Springfield ruled this morning that the news media will be allowed to cover the testimony of 14-year-old Haleigh Poutre if she appears in court to testify in the child abuse case against her stepfather, Jason D. Strickland. According to a report published today by The Republican, Hampden Superior Court Judge Judd J...

Mass. Libel Case Survives Appeal

Posted on October 01, 2008
A libel case brought by a former Abington town official against the Brockton Enterprise will be allowed to proceed to trial, based on a ruling issued today by the Massachusetts Appeals Court. In Howell v. The Enterprise Publishing Company, the court refused to dismiss claims against the newspaper, despite the newspaper's arguments that its stories were protected by the "fair report" privilege...

Police Board Not Bound by Meeting Law

Posted on October 01, 2008
The Massachusetts open meeting law does not apply to a board created to review citizen complaints against police, the Hampden County district attorney's office has decided, according to a report yesterday in The Republican newspaper. The opinion issued by Assistant District Attorney Katherine E...

Mass. Court Says News Carrier is Employee

Posted on September 26, 2008
In a case involving the Worcester Telegram and Gazette, the state Appeals Court ruled yesterday that independent news carriers are to be considered employees under the state's unemployment compensation law. The ruling hinged on the "degree of control" exercised by the newspaper over the carrier, with the court finding that the T&G exercised greater control than did the Athol Daily News in a 2003 case in which the Supreme Judicial Court reached the opposite conclusion...

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