Media and First Amendment

Frost Brown Todd has one of the largest and most effectively organized First Amendment, media and advertising law practices in the United States.  The Practice Group has been developed and organized to effectively serve all aspects of the communication and advertising industries within the Firm’s region. 

 

The hallmark of our practice group is its client service, provided on a “24/7” basis by a well-organized and coordinated team of experienced attorneys and dedicated staff.  Crucial First Amendment, media and advertising law issues often arise with little or no prior notice, any time of the day or night, on any day of the week.  Relying on our ability to scrutinize issues and respond quickly and thoroughly, clients turn to us for the day-to-day review of news content and investigative journalism, and advertising and promotional campaigns from their conceptual stage through news and information gathering, publication, production and distribution.  We are well-equipped to counsel clients on the risks inherent in their relationships with sources, third-party suppliers, insurers, Internet and on-line service providers, production companies, media, talent, performers’ unions, and employees, as well as in matters governing the relationship between advertising agencies and advertisers.

 

Our lawyers are long-time members of the Media Law Resource Center, f/k/a Libel Defense Resource Center, and charter members of its Defense Counsel Section.  Practice Group members have lectured extensively on libel, privacy and disparagement topics in various states.  Practice Group members also have spoken at the media law conferences of the Newspaper Association of America, National Association of Broadcasters, Practicing Law Institute, Media Law Resource Center, and at various American Bar Association and state bar association conferences.  Attorneys within the Practice Group also include former reporters for notable news organizations.

Broadcast & Publishing

Our clients in the communications industry include: television and radio broadcasters; newspaper and magazine publishers; and internet service providers.  Our attorneys work very closely with broadcaster and newspaper trade associations, and reporter and journalist organizations within our region.  

Full slate of services for media clients

• Pre-publication and pre-broadcast review and counseling
• Responses to requests for retraction or correction
• Responses to subpoenas, including motions to quash
• Litigation of lawsuits (e.g., defamation, invasion of privacy, Lanham Act), including conducting and defending discovery and trying jury and non-jury cases, and briefing and arguing appeals
• Access, sunshine laws, freedom of information and related First Amendment issues

Representative Reported Decisions/Jury Verdicts

Defamation and invasion of privacy cases

• Obtained defense verdict in a jury trial, affirmed on appeal, for a television station against a stockbroker in a federal court defamation case
• Obtained summary judgment, affirmed on appeal, for a monthly magazine against a local businessman in a federal court defamation and privacy case
• Obtained summary judgment, affirmed on appeal, for a daily newspaper against a former judge in a state court defamation case
• Obtained summary judgment, affirmed on appeal, for a television news anchor in a state court defamation case
• Obtained summary judgment, affirmed on appeal, for a television stations against a local dentist in a federal court defamation and privacy case
• Obtained summary judgment, affirmed on appeal, for a talk radio station and its host against an elected public official in a state court defamation case
• Obtained summary judgment for a news/talk radio station and its news director against a professional athlete in a state court defamation case
• Obtained summary judgment, affirmed on appeal, for a specialty/hobby publication against an out-of-state telemarketer in a federal court defamation case

First Amendment and Prior Restraint Cases

• Successfully represented a national business magazine in a federal court litigation involving an attempted prior restraint

Newsgathering Litigation

• Obtained favorable trial court verdict, affirmed on appeal, for a national business magazine in a federal court newsgathering case

Access and Public Records/Mandamus Cases

• Obtained several successful mandamus decisions compelling access and public records information for print and broadcast media clients

Interactive Media & User-Generated Content

In the fast-paced, global scope of modern media and communications business, our lawyers are at the forefront in assisting our clients in managing, protecting and monetizing interactive internet and user-generated content (UGC). 

Citizen journalism is rapidly moving into the mainstream media and social networking web sites, which allow computer users to participate in on line communities by sharing videos and content that they have created (or found) and by commenting on what they have posted to the site, are becoming increasingly popular.

A broad range of new techniques for publishing and broadcasting content are emerging, including reader posted comments, forums, blogs, hyperlocal reader-generated news, user-generated photographs and videos, reverse publishing, and crowdsourcing.  These newsgathering and content generating advances are inevitably raising new legal questions and issues and our lawyers are assisting our clients, advising and counseling on how the legal framework overlaying this rapidly developing area will evolve.

We are experienced in all aspects of these emerging areas, including:

• Advising on policies relating to reader comments on stories, editorials, blogs, and other content posted on news websites
• Assisting clients creating forums, blogs and hyperlocal reader generated news
• Evaluating and defending against publication claims and liability
• Drafting and negotiating terms of service