First Amendment

Whether defending media organizations in high-profile defamation suits, protecting content owners from attempts to monopolize unprotected ideas, helping colleges and newsgatherers navigate novel questions, or navigating fast-evolving issues raised by AI and social media, we help clients assert and safeguard their constitutional rights in an increasingly complex public discourse.

We provide strategic, forward-looking counsel to help clients avoid litigation whenever possible. When disputes arise, our cross-practice model integrates leading media, entertainment, First Amendment, and appellate capabilities, enabling us to tackle the most sophisticated and high-profile speech challenges from every angle. Our litigation team has deep experience shaping legal policy and securing precedent-setting victories in courts across the country. From obtaining early dismissals to defending wins on appeal, we have a proven track record at every stage of litigation.

Areas of Focus

• Anti-SLAPP Laws: Leveraging anti-SLAPP statutes to protect clients’ rights
• Defamation (Offensive and Defensive): Handling high-stakes libel and slander cases involving everything from true crime movies to jokes told on late night shows
• Copyright & Trademark: Advising on the intersection of First Amendment, copyright, and trademark protections, including in the context of creative works based on true events and public figures, and idea-theft claims that attempt to monopolize unprotected content
• Right of Publicity & Privacy: Defending expressive works against publicity and privacy claims, including biopics, docudramas, and fictionalized accounts
• Artificial Intelligence & Emerging Technologies: Addressing novel free speech issues raised by AI technologies 
• Social Media & Online Speech: Guiding clients through emerging First Amendment and regulatory issues involving digital platforms, including those arising from social media and AI
• Media Law & Pre-Publication Counseling: Counseling myriad clients (newsgatherers, individuals, and companies in various industries) on litigation risks and media law to ensure robust, accurate reporting
• Commercial Speech & Advertising: Advising clients on regulatory compliance and the boundaries of First Amendment protections for advertising, including outdoor signage and billboards
• Freedom of Petition / Noerr-Pennington: Protecting the rights of companies and individuals to petition the government and advocate freely for policy change in legislative bodies, the executive branch, or before the courts
• Freedom of Association & Religion: Advising universities and schools on freedom of speech, religious expression, and assembly issues, including during the COVID era and as educational institutions have become more politicized
• Compelled Speech & Government Mandates: Challenging laws or regulations that force individuals and businesses to express messages against their beliefs