First Amendment & Media

Our attorneys are experienced in pre-publication counseling and litigating on behalf of newspapers and other media outlets on issues impacting the news media. We have backgrounds and experience with First Amendment issues, including defamation, invasion of privacy and all other claims made by the subjects of news articles and other publications, as well as issues concerning access to the records and proceedings of courts and other public agencies.

We are involved in efforts to establish and expand rights of access to public records and meetings through state law and the federal Freedom of Information Act. We draft legislation on behalf of our clients and testify before legislative committees involved in first amendment and media issues. Additionally, we assist our clients’ efforts to exercise their rights of access through counseling and litigation.

We defend media clients in litigation involving claims of defamation, invasion of privacy and claims relating to alleged reporter misconduct. In addition, we are experienced with judicial proceedings to seek access to closed courtrooms and sealed court files, including emergency appellate proceedings. We defend subpoenas to reporters and counsel clients with advertising and circulation issues.

Representative clients include The Kentucky Press Association, for which we operate a legal hotline allowing member newspapers to obtain counseling on these issues; The Louisville Courier-Journal; Landmark Community Newspapers, Inc. and Community Newspaper Holdings, Inc.; Media General, Inc.; and Paxton Media Group.