Jon Fleischaker is Chair of the Communications and Media Law Practice Group. Jon is the former Managing Partner for the Louisville Office. Jon has more than 40 years of experience in media law and First Amendment cases, actively involved in representation of newspapers and broadcasters dealing with publication issues. He has been the most visible attorney in Kentucky in dealing with First Amendment concerns. Jon also has extensive employment litigation experience, including class actions and individual cases. In addition to numerous appellate cases, he also has participated in 99 cases in the U.S. District Courts.
In addition to his law practice, Jon remains active in the community. Most recently, Jon was recognized by the Department of Public Advocacy and the Louisville-Jefferson County Public Defender Corporation for his pro bono service in support of the constitutional rights of the poor and needy of Kentucky. In 2008, Jon and his wife, Kim Greene, created the Fleischaker-Greene Fund for Excellence in First Amendment Issues at Western Kentucky University. The fund supports the Fleischaker-Greene Scholars Program and will give top students in the School of Journalism the opportunity to take an advanced special topics class once a year and bring nationally-recognized speakers in journalism and First Amendment issues to Western Kentucky University.
Memberships & Affiliations
· General Counsel: Kentucky Press Association
· Media Law Resource Center
· Reporters Committee for Freedom of the Press
· Louisville Bar Association (Board of Directors 1980-81)
· Kentucky Bar Association, Fellow
· American Bar Association
· The Fellows of the American Bar Foundation
· Board of Directors (1997-2003), Jewish Community Center
· Kentucky Judicial Campaign Conduct Committee, Treasurer
Distinctions
· Peer Review Rated AV in Martindale-Hubbell
· Listed in The Best Lawyers in America® since 1991
· Bingham Freedom of Information Award in 1999 by the Kentucky Press Association
· Kentucky Journalism Hall of Fame, 2004, only non-journalist ever inducted
· The James Madison Award for service to the First Amendment, 2007, from The Scripps Howard First Amendment Center at the University of Kentucky
· "The First" prize by the Society of Professional Journalists, 2005
· 2006 Meritorious Service Award from the Louisville Branch of the NAACP
· Selected for the Kentucky Super Lawyers® List
· Listed in Chambers USA Guide to America's Leading Business Lawyers
· Named a "Local Litigation Star" in Benchmark Litigation
· Goehler First Amendment Defender Award by the Society of Professional Journalists, 2012
Experience
Kentucky State Board of Medical Licensure v. Courier-Journal and Louisville Times Co.
The Courier-Journal, Inc.
Access to records of State Board of Medical Licensure after final action has been taken
Kentucky Press Association v. Commonwealth of Kentucky
Kentucky Press Association
Litigated First Amendment issues dealing with closure of juvenile court proceedings.
Kentucky State Police v. Courier-Journal, Franklin Circuit Court (2009)
The Courier-Journal, Inc.
Representation of newspaper in suit seeking access to Kentucky State Police sex offender registry database
Payne v. Courier-Journal
The Courier-Journal, Inc.
Defense of a claim of copyright violation
Naugle v. Large National Insurance Company
Large National Insurance Company
Claims under the Kentucky Unfair Claims Settlement Practices Act
Kentucky Board of Examiners of Psychologists v. Courier-Journal
The Courier-Journal, Inc.
Disclosure of documents containing names of complaining witnesses to the State Board of Psychologists
Johnson v. Large National Insurance Company
Large National Insurance Company
Race Discrimination, Termination Claims Under Title VII; Amount at issue: $100,000
Kentucky Center for the Arts v. Handley
Kentucky Center for the Arts
Burden of proof in a discrimination claim
Kentucky New Era v. City of Hopkinsville, Christian Circuit Court (2010)
Kentucky New Era
Represented newspaper in successful suit maintaining city council acted in violation of Open Meetings Act by coming out of closed session and voting to "take the action just discussed in closed session."
Kentucky Community & Technical College System v. Messenger-Inquirer, Woodford Circuit Court (2010)
Messenger-Inquirer
Successfully represented newspaper in separate actions related to the College System's violation of the Open Records Act by denying access to records concerning the dismissal of a member college President
University of Louisville Foundation, Inc. v. Cape Publications, Inc. d/b/a The Courier-Journal
The Courier-Journal, Inc.
Whether a foundation connected to and controlled by a university is a public agency under the Open Records Law
University of Kentucky v. Courier-Journal and Louisville Times
The Courier-Journal, Inc.
Whether the University's response to NCAA regarding alleged rule violations was a public record
USA v. Karen Sypher, U.S. District Court, Western District of Ky. (2010)
The Courier-Journal, Inc.
Successful action on behalf of newspaper to challenge trial court's prohibition of media from speaking with the defendant in a highly publicized extortion trial
Wymer v. JH Properties, Inc.
Jewish Hospital and St. Mary's HealthCare, Inc.
Wrongful discharge
Welch v. American Publishing Company
American Publishing Company
Litigated the application of "actual malice" standard to publication of political advertisements
Roman Catholic Diocese v. Noble
The Courier-Journal, Inc.
Successfully represented newspaper in contempt proceeding for publishing information contained in sealed documents.
Robbins v. American Bearing & Power Transmissions, Inc.
American Bearing & Power Transmissions, Inc.
Employment contract issues and effect of employee's death
Santos v. Knight-Ridder, Inc.
Knight-Ridder (The Miami Herald)
Defended newspaper in action for defamation and jurisdiction related to story about the Kentucky Derby
United States v. Dairy Farmers of America, Inc.
Tribune Company USA (Chicago Tribune)
Represented newspaper in effort to obtain documents sealed in a court file
Sharp v. Large National Insurance Company
Large National Insurance Company
Claim of constructive discharge
Jefferson County Public Schools v. Courier-Journal, Jefferson Circuit Court (2009)
The Courier-Journal, Inc.
Representation of newspaper in action to determine whether a school board's closed-session evaluation of superintendent was in violation of Open Meetings Act.
Cape Publications, Inc. v. University of Louisville Foundation, Inc., 260 S.W.3d 818 (Ky. 2008)
The Courier-Journal, Inc.
Representation of newspaper in suit seeking records of donations made to university foundation
Cape Publications, Inc. v. Braden
Cape Publications, Inc.
Litigated the legality of trial court order prohibiting media from communicating with jurors after completion of a capital murder trial
Central Kentucky News-Journal v. George, 306 S.W.3d 41 (Ky. 2010)
Central Kentucky News-Journal
Represented newspaper in successful action to gain access to confidential settlement agreements in sexual harassment and wrongful refusal of employment suits brought by public school employee against two school districts.
Commonwealth v. Jason Stinson, Jefferson Circuit Court (2009)
The Courier-Journal, Inc.
Successful intervention on behalf of newspaper asking trial court judge to reconsider ruling barring media representatives from jury selection proceedings in highly publicized murder case
Commonwealth v. Herbert Lee, Jefferson Circuit Court (2010)
The Courier-Journal, Inc.
Successfully represented newspaper in efforts to unseal records in the trial of a juvenile charged with vehicular manslaughter
Brohm v. JH Properties
Jewish Hospital and St. Mary's HealthCare, Inc.
Alleged discrimination for a disability and violation of FMLA
Beckham v. Board of Education
The Courier-Journal, Inc.
Standing of individuals to interview in open records action against a public agency
Butler Fiscal Court v. Robert Cron, Butler Circuit Court (2010)
Robert Cron
Successfully represented local citizen activist in suit alleging that the Butler Fiscal Court violated the Open Meetings Act by holding a series of less-than-quorum sessions to discuss the sheriff's proposed budget
Cape Publications v. City of Louisville
The Courier-Journal, Inc.
Litigated exemption under Open Records Law for names of alleged sexual offense victims in police records.
Publications
February 3, 2012, Kentucky Newspapers Seek More Transparency, Accountability in Child Fatalities
July 20, 2009, Minnesota retracts online gambling block notice
March 1, 2008, Ethical Issues in Representing Kentucky News Media Outlets - Media Law Resource Center
July 1, 2006, 6th Circuit Dismisses Challenge to Closure of Juvenile Court - Press Challenge Not Ripe - Reprinted with the consent of MLRC
June 1, 2006, Kentucky Court Dismisses Photo Misidentification Case - Reprinted with the consent of MLRC
January 1, 2006, Reducing Labor Litigation Exposure - Martindale-Hubbell, Counsel-to-Counsel, January, 2006
November 1, 2004, Kentucky Court of Appeals Grants Summary Judgment to Newspaper Over Prom Picture - Reprinted with the consent of MLRC
December 1, 2003, Kentucky Governor Snubs Newspaper After Expose - Reprinted with the consent of MLRC
Presentations
September 27, 2006, Newspaper Association of America, Pre-Publication/Pre-Broadcast Primer, Alexandria, Virginia
June 16,2006, "Sources and Leaks: When Law Enforcement and Media Interests Collide," Kentucky Bar Convention, Covington, Kentucky
April 20, 2006, Second Annual First Amendment First Celebration, Western Kentucky University School of Journalism and Broadcasting, Bowling Green, Kentucky
December 16, 2005, "Ethics, Professionalism & Substance Abuse, Dinsmore & Shohl CLE, Cincinnati, Ohio
June 13, 2005, "Ethical, Technical Issues with Legal Records, Court Records and Identity Theft," Louisville Bar Association, Louisville, Kentucky
August 1, 2004, NLRB General Counsel Expands Definition of Coercion in Secondary Boycott Action and Defines BE and K