Ben Sheffner's notes on copyright, First Amendment, media, and entertainment law, and political campaigns
Tuesday, March 24, 2009
Gertner denies motion to reconsider webcast order as untimely, unnecessary
Judge Nancy Gertner has denied Joel Tenenbaum's motion for reconsideration of the webcast order that he won, ruling both that it was "late and without basis as he previously prevailed on the narrowcast issue in this Court." Full order here:
Judge Nancy Gertner: Electronic ORDER entered. The Defendant's Motion for Extension of Time  and Motion for Reconsideration  are DENIED. The Plaintiffs have declined to move for reconsideration of the Court's January 14, 2009 Order, preferring to rely on the pending proceedings in the First Circuit. While the Defendant has moved to reconsider, his motion is late and without basis as he previously prevailed on the narrowcast issue in this Court. The First Circuit has set a date for oral argument, currently scheduled for April 8, 2009, at 9:00 a.m., and has solicited amicus briefs. Significantly, given the nature of this appeal -- whether the district court may "narrowcast" a legal argument -- the First Circuit has indicated that the argument before it will be audiotaped and posted online after the fact. See First Circuit Calendaring Notice, March 10, 2009, Case No. 09-1090. There is no equivalent in the district court, hence the litigation in this case. (Gertner, Nancy)
Judge Gertner notes that the First Circuit's oral argument on the webcast issue will be available over the Internet. True, but how is that relevant to the issue addressed in her order (except, perhaps, as an expression of pique)? Keep in mind that Judge Gertner has quite a history with the First Circuit on the issue of judicial interaction with the media.
Welcome to Copyrights & Campaigns. This blog provides news and analysis of copyright, First Amendment, and related issues from a pro-copyright-owner perspective, with emphasis on the interaction of these issues with campaigns and the political process.
Between college and law school, Ben worked as a political reporter in Washington, DC at Roll Call newspaper and the Cook Political Report. Ben also served as a consultant to CBS News during the 1994 election cycle, helping prepare producers and correspondents for the election night broadcast. A detailed bio is available here.
This is Ben's personal blog and does not necessarily represent the views of any past, present, or future clients or employers. Nothing herein constitutes legal advice.
Ben lives in Los Angeles and can be reached at copyrightsandcampaigns [at] gmail.com.
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