Ms. Fallow has litigated First Amendment, traditional media, and new media cases at the trial and appellate level. She has also counseled clients on government regulation of expression. Her First Amendment and media experience includes:
-
Representing video game makers and retailers in the U.S. Supreme Court and in federal appellate and district courts across the country in the video game industry’s constitutional challenges to numerous state laws restricting the content of video games.
-
Representing the American Library Association at trial and before the Supreme Court in its challenge to the federal Children’s Internet Protection Act.
-
Filing amicus briefs in the Supreme Court at the merits stage in significant First Amendment cases, including U.S. v. Stevens, U.S. v. Williams and City of Erie v. Pap’s A.M., and in support of cert petitions in cases involving the reporter’s privilege, fighting words, and defamation.
-
Counseling clients on recent amendments to 18 U.S.C. § 2257 (federal recordkeeping requirements for sexually explicit expression).
-
Acting as counsel of record on a petition for a writ of certiorari in a case raising significant First Amendment questions concerning the regulation of nudity on cable television.
-
Successfully defending a professional medical association against defamation and Lanham Act claims based on an article published in the association’s journal.
Ms. Fallow has also represented the recording, motion picture, and video game industries in their efforts to stop digital piracy, including in a lawsuit on behalf of the motion picture studios against the operator of a bittorrent file-sharing site. In 2004, Ms. Fallow represented the video game industry in a successful suit against a producer of video game copying software.