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47 Media L. Notes 1 (2019)

handle is hein.journals/mdilwnts47 and id is 1 raw text is: AEJMC Law & Policy Division >Libi FHead Notes Kearston Wesner Assistant Professor Quinnipiac University Kearston.Wesner@quinnipiac.edu Welcome to the Winter edition of Media Law Notes. Thanks to Caitlin Carlson, our Newsletter Chair/ Clerk, for putting together this month's excellent issue. On February 19, Justice Clarence Thomas called in his McKee v. Cosby concurrence for SCOTUS to reconsider New York Times v. Sullivan, the landmark libel ruling that safeguards press freedom by applying the actual malice stan- dard to public officials in defama- tion lawsuits. In McKee, SCOTUS refused to review an appellate de- termination that Kathrine McKee is a public figure for the purpose of her defamation suit against Bill Cosby. Justice Thomas's statements come on the heels of multiple assertions by President Trump that draconian libel laws make it nigh impossible for public officials to prevail in libel lawsuits. Over the past two years, Trump has made promises to open up our libel laws, which he deems a sham and a dis- grace. Predictably, the response has been divided. Many scholars, jour- nalists, and professional groups condemned these statements, but some claim this will rein in media abuse. Notably, Cass Sunstein discussed how Sullivan effectively See Head Notes, 2 Amanda Reid Assistant Professor UNC Chapel Hill areid@unc.edu The epic legal battle between Goo- gle and Oracle is knocking on the SCOTUS's door - again. On Janu- ary 24, 2019, Google filed its pe- tition for writ of certiorari to the Supreme Court. Oracle sued Goo- gle, alleging that Google's Android mobile operating system infringed Oracle's computer code. After a 25-day trial, the jury returned a verdict in favor of Google, finding that Google's use of Oracle's soft- ware was fair use. But the Federal Circuit disagreed. Viewing the jury verdict as advisory only, the VS ge Federal Circuit independently weighed the fair use factors and conclude[d] that allowing Google to commercially exploit Oracle's work will not advance the purpos- es of copyright in this case. See ONTOLOGY, 2 1 In This Issue

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