Williams & Connolly LLP has an extensive, nationwide First Amendment and media law practice. A dozen of the firm's partners devote a substantial portion of their practice to the defense of First Amendment rights and the representation of media entities.
Recently, the firm has been engaged in, among other things, the defense of libel suits for a number of clients, including a series of suits arising out of a retracted report that nerve gas was used in Vietnam; representing reporters subpoenaed to identify sources in two highly publicized cases challenging government leaks of criminal investigations; litigation over the ownership of the Salt Lake Tribune; preliminary injunction proceedings over defections from the St. Paul Pioneer Press; pursuit of copyright infringement cases against proprietors of internet web sites that offer film downloading; and the defense of intellectual property claims against a major cable system and programming.
The firm represented a major movie studio in an action seeking disgorgement of profits and damages under the California unfair business practices statute, based upon the allegation that the defendants had marketed R-rated films to children under 17. The firm secured an order striking the complaint under the somewhat unique terms of the California "anti-SLAPP" statute, on the ground that the defendants' advertising was in furtherance of their First Amendment rights and the plaintiff was unable to establish a likelihood of success.
Media Representation
The firm represents major newspapers, news magazines, book publishers, broadcast companies, motion picture studios, and individual journalists and artists in every variety of litigation. The firm's current and recent clients include The Washington Post, Newsweek, ABC, NBC, CBS, News Corp., Fox Television Stations, Inc., Twentieth Century Fox Film Corp., AOL Time Warner Inc., CNN, Time, The Walt Disney Co., Universal City Studios, Paramount Pictures, MGM Studios, Sony Pictures Entertainment, Tribune Company, The National Enquirer, Simon & Schuster, Playboy, Woman's World, Beacon Communications LLC, the Motion Picture Association of America, and the Recording Industry Association of America.
Litigation is the principal focus of the firm's media work. At any given time, the firm may be involved in the defense of claims for defamation, invasion of privacy, and related torts for a dozen different clients. Our lawyers have tried numerous such cases.
The firm has also represented media organizations in copyright, employment, antitrust, and trade practices cases. It has been called upon to defend novel claims of copycat violence and police "ride-along" tort liability, and to challenge legislation that would impair the First Amendment rights of the media. In countless cases, the firm has resisted subpoenas to journalists, fought orders denying access to courtrooms and court records, and pursued claims under the Freedom of Information Act. In all of these activities, the firm is able to apply not only its expertise in First Amendment and media law, but also its extensive experience in the courtroom.
Williams & Connolly lawyers engage in pre-publication review of print and broadcast material on an ongoing basis. They are called upon to offer advice on the full range of issues that arise in major media and entertainment organizations (including, for example, copyright and internet policy, contract, and employment issues), as well as unusual issues (relating, for example, to national security) that arise in extraordinary circumstances.
Non-Media First Amendment Work
The firm represents individuals, universities, churches and other organizations in litigation raising issues under the free speech and religion clauses of the First Amendment. Amtrak, the U.S. Postal Service, and the Vietnam Veterans Memorial Committee have retained the firm to litigate or offer advice on matters involving the right of free speech in a public forum. Georgetown University and The Catholic University of America have sought the firm's advice and representation in matters relating to academic tenure, recognition of student organizations, and the relationship between universities and the church.
The United States Catholic Conference, the Archdiocese of Washington, the Society of Jesus, and the General Conference of Seventh Day Adventists have retained the firm to litigate Free Exercise and Establishment Clause cases involving aid to education and issues of church governance and teaching. Williams & Connolly has handled many of the leading Establishment Clause cases in the Supreme Court.
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