First Amendment Litigation
USA Guide 2024 : USA - Nationwide
Band 1
Contact number
+1 202 661 2200About
Provided by Ballard Spahr LLP
Our Media and Entertainment Law practice is a nationally renowned powerhouse that represents the biggest and most prominent names in the industry.
This unparalleled group of attorneys has played a leading role in many of the most significant media and First Amendment cases in recent years. Collectively, the group has hundreds of years of experience advising newspapers, broadcasters, cable television and Internet companies, journalists, advertisers, authors and individuals on an array of media law, First Amendment, and speech-related issues. We represent clients facing defamation, invasion of privacy, infringement of the right of publicity, and related content-based claims. We work with clients both large and small, from international news organizations and multinational corporations to local newspapers and television stations, freelance journalists and individuals. We have expertise in both traditional and new media, including counseling clients before publication to avoid the risks of libel, privacy, publicity, and other content-based claims, such as copyright and trademark.
In the fight for government transparency, we help clients secure access to public records, court documents, and proceedings—under public records statutes as well as the First Amendment. We also represent content providers in responding to civil and criminal subpoenas, including grand jury subpoenas that seek information related to newsgathering, anonymous sources, and anonymous online speech.
Chambers Review
Ballard Spahr LLP houses a top-flight First Amendment practice which is viewed as a first port of call to defend high-stakes defamation claims. It is also noted for its skillful handling of privacy and access issues across the media and entertainment industry. The group acts for an enviable client base consisting of leading news organizations as well as individual reporters.
Work Highlights
- Ballard Spahr LLP represented actress Amber Heard in her appeal of a $10 million defamation verdict brought by her ex-husband, Johnny Depp.
Strengths
Provided by Chambers
"Their work is top of their field. They have a really strong and broad understanding of the media business and their support is really important to our business model."
"They have excellent media lawyers who are knowledgeable and very dedicated to the field."
"Their team is terrific. They are professional, strategic and thoughtful lawyers who work efficiently. They have great ideas which they execute well."
"Their work is top of their field. They have a really strong and broad understanding of the media business and their support is really important to our business model."
"They have excellent media lawyers who are knowledgeable and very dedicated to the field."
"Their team is terrific. They are professional, strategic and thoughtful lawyers who work efficiently. They have great ideas which they execute well."
Notable Practitioners
David Schulz attracts acclaim for his tremendous experience representing news organizations and reporters in access cases. He assists news organizations with obtaining access to sensitive information pertaining to national security and criminal justice. He is also noted for his academic work, including as part of Yale Law School's Media Freedom and Information Access Clinic.
"David is one of the foremost best First Amendment attorneys."
David Bodney is based in the firm's Phoenix office and brings a wealth of knowledge to his First Amendment practice, which sees him defend news organizations in libel and privacy lawsuits.
"David has a great breadth and depth of experience and has a very thoughtful and calm approach."
Charles Tobin is revered for his expert handling of First Amendment litigation. He is highly skilled in the representation of news organizations in defamation claims as well as disputes involving the Freedom of Information Act.
"He is a great support to us and he does a great job managing his practice."
"Charles is at the forefront of First Amendment litigation."
Jay Ward Brown is a Washington, DC-based attorney and a popular choice to defend complex First Amendment disputes. He has a strong track record of defending newspapers and journalists in sophisticated defamation claims.
"He has a strong sense of strategy and is one of the best FAL attorneys in the country. He is a problem solver and thinks beyond the problem at hand, so he is always thinking three steps ahead."
"Jay is stellar and incredibly talented."
Leita Walker is a Minneapolis-based First Amendment litigator. Her practice includes defending defamation claims for major news and media organizations. She is also experienced in right of public access claims.
"She is an outstanding litigator who handles some of our most high-profile cases."
"She is very experienced and has a very good ability connecting with the judges in courts."
"Leita is an excellent brief writer with great litigation skills as well. She is our go-to for First Amendment issues."
Maxwell Mishkin is an associate in the firm's Washington, DC office. He assists clients with defamation and right of access disputes, as well as providing prepublication counsel.
"Maxwell is the future leader of the Bar. He steps up and is very knowledgeable across the spectrum."
Ranked Lawyers at
Ballard Spahr LLP
USA - Nationwide
Members
Provided by Ballard Spahr LLP
Head of Department
Elizabeth Seidlin-Bernstein
Kaitlin Gurney
Michael Berry