Find Lawyers in America for First Amendment Law
Practice Area Overview
The specific rights guaranteed by the First Amendment can be summarized in five general and often overlapping categories: (1) freedom of expression; (2) freedom of the press; (3) freedom of association and assembly; (4) freedom to petition; and (5) freedom of religion. Within these categories are specific areas of law that are part of a First Amendment law practice.
Freedom of expression. This category includes both laws that directly restrict and punish speech (e.g., obscenity and indecency, national security disclosures) and also laws that indirectly affect freedom of speech (e.g., copyright fair use, defamation and privacy law, restrictions on time, place, and manner of speech, and expressive conduct). It also includes laws relating to advertising and marketing activities under the commercial speech doctrine.
Freedom of the press. In addition to general freedom of expression issues, this category includes laws that affect the media and its ability to gather and report news ( e.g., access to public records, court proceedings, public meetings, and protection of the newsgathering process). It also includes government regulation of media (e.g., broadcast and cable) and other laws that interfere with the function of the media as an independent critic of government.
Freedoms of association and assembly. This category includes laws affecting the right to organize, the right to hold public demonstrations, and laws regulating the time, place, and manner of these activities (e.g., restrictions on use of public forums, and on membership and activities of dissident organizations.)
Freedom to petition. This category includes laws affecting the right of individuals and organizations to communicate with the government for the purpose of seeking redress of grievances. It often includes activities also protected by freedom of association and assembly.
Freedom of religion. This category includes laws that affect the right to practice one’s religion and laws that attempt to impose government-dictated religious principles on citizens (e.g., school prayer.)
First Amendment lawyers represent individuals and organizations whose First Amendment rights are threatened by application of these various laws.
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Steve Badger has more than two decades of experience in a wide range of complex litigation matters for businesses and serves as the firm’s deputy general counsel. A pragmatic litigator and advocate, Steve focuses on paths to resolution that serve his client’s objectives using his persistence and powers of persuasion to drive home legal arguments in court and at the negotiating table. Steve counsels and advises media organizations on media law issues, including rights of access and...
Sanford L. Bohrer concentrates his practice in the area of business litigation. He heads Holland & Knight's Class Action Litigation Team and has litigated class actions in state and federal courts, including appeals throughout the United States. His business litigation practice also includes product liability and intellectual property disputes. Mr. Bohrer was special counsel to the Department of Children & Families from 2009 to 2010. He has an extensive media law practice and has repr...
Thomas J. Cafferty, who leads the highly respected Media Law Team at Gibbons, has played a significant role in shaping New Jersey’s laws regarding government transparency and public access – those governing electronic devices in the courtroom and access to judicial and government records. He has extensive experience litigating and counseling on First Amendment and media issues and handles some of the most complex and significant matters relating to these issues in New Jersey, addr...
Attorney Nick Crosby practices in labor and employment law, municipal liability, constitutional law, civil rights defense and general civil litigation. Mr. Crosby represents management in binding labor arbitrations and labor-management proceedings regarding contract interpretation and discipline and discharge matters. A native of Reno, Nevada, Mr. Crosby attended the University of Nevada, Reno where he received a bachelor of arts degree, with distinction, in journalism with an emphasis in adv...
Litigation Walter’s litigation work has been primarily in the civil area -- commercial disputes of all types, including trade secrets, real estate agreements, products liability, defamation claims, First Amendment access actions, business and employment contracts, non-competition provisions, wrongful termination suits, and discrimination and harassment cases. He has litigated numerous cases in the state and federal courts throughout the United States, including cases in Pennsylvania, Ne...
From the beginning, Rick’s career has focused on business law and litigation, and he brings the same intense focus and forethought to every interaction with his clients. An expert on construction law, Rick has represented contractors and other participants in the construction process in virtually all areas where construction and the law intersect, from contract negotiation and formation through the issues that arise during construction to performance and payment disputes and constructio...
David J. Gass is an experienced trial lawyer who represents clients in a wide variety of complex commercial and general civil litigation in state and federal courts. He has a strong record of successful results. Mr. Gass’s litigation experience has been remarkably varied, but generally focuses on complex commercial cases. He has successfully tried many cases to judges, juries, and arbitration panels. His expertise is not confined to any specific subject area; rather, his expertise is in...
Anthony Michael Glassman focuses his practice in the areas of First Amendment rights, media law, product disparagement, publicity and privacy rights, crisis management, and white-collar criminal defense. He has tried over 100 civil and criminal trials to jury verdict, and has handled numerous appellate matters before the California Supreme Court and federal appellate courts for the Ninth Circuit en banc , the Fifth Circuit, and the Tenth Circuit. Anthony is a Fellow in the American College of...
Jessica is a litigator whose practice focuses on commercial litigation, including intellectual property, trade secrets, false advertising, contract, and business fraud cases. She also specializes in First Amendment litigation, including commercial speech, privacy, access, prior restraint, reporters’ shield laws, public records, and newsgathering torts.
Laura Handman is the co-chair of the firm’s appellate practice and divides her time between the New York and D.C. offices. For thirty years, Laura has been providing pre-publication counseling and litigation services from complaint through trial and appeal to U.S. and foreign broadcasters, film studios, and book, magazine, newspaper and Internet publishers and non-profits. Laura has extensive experience in libel, newsgathering, privacy, right of publicity, reporter’s privilege and...
Rex Heinke is widely recognized as one of the most accomplished and experienced appellate practitioners in California, and among the best in the nation. He has argued more than 150 appeals in federal and state courts across the country. Between 2001 and 2020, Rex was co-head of Akin Gump Strauss Hauer & Feld’s nationally renowned Supreme Court and Appellate practice. He is regularly called on to defend major corporations and high-profile individuals in some of their most hotly conte...
Jeffrey Hunt practices in the area of commercial litigation, with particular emphasis on First Amendment, media, and intellectual property law. Mr. Hunt has more than 20 years’ experience litigating complex commercial cases involving a wide variety of industries and legal issues, including copyright, trademark, and patent enforcement actions; injunctions; securities litigation; enforcement of non-competition, non-solicitation, and non-disclosure covenants for employers, foreign litigati...
Nationally recognized authority in defamation law. Focused on protecting, defending and vindicating the most valuable asset many people and companies have—their reputations. In addition to being an accomplished business litigator for 25 years, Mitch Langberg serves as co-chair of the firm's Crisis Management Group. He brings his unique perspective on communications and media relations to brewing crises and those that have already erupted. Mitch works with individuals and companies to pr...
Kim Martin is the managing partner of the Firm’s Huntsville office and a member of the Firm’s Board of Governors. She serves as the Co-Chair of the firm's Life Sciences Practice Group and focuses her practice on general litigation with an emphasis on medical device and pharmaceutical products liability litigation. She has represented multi-national pharmaceutical and medical device manufacturers in litigation across the country. Most recently, she has been a national team member f...
A seasoned litigator and counselor, Mark represents businesses and trade associations, with particular expertise in media and communications law. For some clients, he provides specialized regulatory, legislative, corporate, or litigation work. For others, he serves an outside general counsel role. Throughout his career, Mark has developed a capacity for solving complex problems that have stymied others. Mark’s principal clients are media and communications enterprises, such as digital m...
David Reymann is a commercial litigator with experience in numerous areas of the law, including First Amendment, media, intellectual property, appellate, network marketing/direct sales, contract disputes, and environmental litigation. Over the past 16 years, Mr. Reymann has argued cases at all levels of Utah’s state and federal courts and has served as counsel in high-stakes litigation for local, national, and international clients alike. Mr. Reymann is a tenacious and tireless advocate...
A trusted advisor, Marcus Trathen focuses his practice in the fields of communications law, utilities regulation, mass media, the Internet, intellectual property, and legislative representation. Marcus counsels clients on a variety of issues, including telecommunications regulation, media and the First Amendment, Internet law and regulation, and broadcast licensing and regulation.
Mr. Tull is a founding member of Quattlebaum, Grooms & Tull PLLC. In over 100 jury trials, Mr. Tull has served as lead counsel on behalf of large and small businesses and individuals in cases involving business torts, breach of contract, products liability, toxic torts, environmental litigation, securities fraud, franchise disputes, trade secrets, personal injury, First Amendment, and other matters. Mr. Tull serves as general counsel for the Arkansas Press Association and instituted the L...
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