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Practice Areas & Industries: Luce, Forward, Hamilton & Scripps LLP

 



Luce, Forward, Hamilton & Scripps LLP

First Amendment / Media Law Return to Practice Areas & Industries

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Practice/Industry Group Overview

The firm has a small group of attorneys who are experienced in representing media organizations and other businesses and individuals in First Amendment and media law matters. The members of this group represent clients in lawsuits alleging:

  • libel and slander
  • product disparagement and trade libel
  • invasion of privacy, disclosure of private facts, false light and intrusion
  • misappropriation of name and likeness
  • eavesdropping and illegal recording

The group also reviews materials prior to publication or broadcast for purposes of providing advice on how to decrease the potential for lawsuits and liability. Attorneys in the group assist the press, media and others seeking access to information and records pursuant to the California Public Records Act and the federal Freedom of Information Act, and in responding to subpoenas or requests for access to information. We also provide advice to clients such as the San Diego Zoo, local shopping centers and other local businesses in connection with rights of individuals and groups to engage in First Amendment activity on property owned or used by our clients.

Our clients include local, regional and national media organizations. We handle First Amendment litigation and counseling for many of San Diego's newspaper publishers, including San Diego's largest newspaper. We also represent local radio and television stations, magazines, major book publishers, authors and insurance companies dealing with First Amendment issues. We have represented politicians on several occasions in connection with defamation and First Amendment issues.

Through counseling and review of materials before broadcast or publication, our attorneys can frequently reduce the risk of claims or potential liability. In this area of the law, however, litigation is frequently pursued even when claims are not meritorious. Our goal when clients are sued is to minimize the expense of defending a lawsuit by obtaining dismissals of the lawsuits through pre-trial motions as soon after the lawsuit is filed as is possible. The group's attorneys have an excellent record of obtaining dismissals of lawsuits through various motions and other procedures early in the case. The group has substantial experience in obtaining dismissal of cases under California's anti-SLAPP suit statute that authorizes the recovery of attorneys' fees and expenses for defendants in situations where the lawsuit is based on the exercise of First Amendment rights. In fact, the vast majority of our First Amendment and media cases are dismissed well before trial. Should a lawsuit reach the trial stage, however, we also have considerable trial experience, as well as experience in all forms of alternative dispute resolution.

Luce Forward belongs to and supports the work of the Media Law Resource Center and the Reporters' Committee for Freedom of the Press. The firm has received special commendation from the Society of Professional Journalists for work in support of First Amendment issues. The attorneys in the group give lectures and seminars to media entities and their employees and other groups concerning First Amendment and media issues.