Jenner & Block

Media and First Amendment

For more than 30 years, we have counseled and represented media industry and other clients on matters involving cutting-edge First Amendment issues. During that time, we have argued some of the most significant First Amendment cases before the U.S. Supreme Court and appellate courts across the country. We have represented all types of media companies, including newspaper publishers, television and radio networks and stations, movie studios, magazine publishers, book publishers, wire services, media industry associations, and private businesses confronting First Amendment issues.

We challenge government restrictions on speech and protect media companies from speech-chilling lawsuits.  Our attorneys litigate and counsel companies on a wide variety of media law and First Amendment issues, including defamation, privacy, newsgathering, Freedom of Information Act, commercial speech, Internet, online advertising, and copyright.  We also advise companies on commercial disputes raising these types of issues. 

We are nationally recognized for litigating key First Amendment issues before the U.S. Supreme Court, and we have been directly involved in some of the most prominent First Amendment appellate matters involving emergent forms of expression.  Examples include Brown v. EMA (restrictions on “violent” video games), United States v. American Library Association (library internet filtering requirements), Reno v. ACLU (“indecency” on the Internet), and Global Relief Foundation v. The New York Times Co., et al. (extension of substantial truth defense to reports of governmental investigations).

We also counsel on non-litigation media matters.  These matters include pre-publication advice on defamation and privacy issues for television stations, newspapers, magazines and book publishers. Our attorneys also aid clients with newsgathering, legislative and regulatory issues involving “violent” and sexually explicit speech, and newsroom presentations on preventive libel and privacy law.  We represent clients on matters relating to other media business activities, including copyright, advertising, promotions and media insurance

Our attorneys have been recognized as leading lawyers in the First Amendment category by Chambers, America’s Leading Lawyers for Business, Best Lawyers in America, and other third parties.  We also leverage the strength and depth of the Firm’s Content, Media & Entertainment, Intellectual Property, Communications, and Appellate and Supreme Court practice groups.