Litigation
First Amendment and Free Expression
Overview
Gibson Dunn’s renowned First Amendment and Free Expression practice brings decades of experience advising and representing clients in matters involving private claims and government actions and regulations that affect fundamental freedoms and the free exchange of ideas.
From major news organizations and individual journalists, to entertainment studios and creative professionals, to leading technology platforms and artificial intelligence developers, clients across industries and across the world turn to us when faced with the most significant challenges to their free expression.
Individuals and businesses in every industry continue to confront novel—and high-stakes—legal issues that implicate free expression: inventive claims in private lawsuits; state and federal legislation infringing on speech rights; and an evolving, complex regulatory environment, including in the European Union. Gibson Dunn’s First Amendment and Free Expression practice combines sophisticated understanding of protections for speech with deep knowledge of the practical realities our clients face in every industry and across jurisdictions. Our attorneys have unmatched experience defending and advancing First Amendment freedoms for all: overturning the largest libel verdict against a news organization in history; successfully obtaining an injunction requiring the White House to restore press credentials to White House Press Corps journalists; prevailing in the historic Citizens United case at the Supreme Court to protect speech rights for corporations and individuals; and securing complete victory at summary judgment against the first-ever defamation claim arising from generative AI output. Our attorneys are world-leading experts on the intersection of free speech principles and online platform regulation in the European Union, in particular under the Digital Services Act and the Charter of Fundamental Rights of the European Union. Regardless of political context or relevant industry, and around the world, Gibson Dunn’s unparalleled track record demonstrates our bedrock commitment to protecting freedom of expression in every situation.
Individuals and institutions of every faith also turn to us for representation when their rights are implicated under the First Amendment’s Religion Clauses. These representations combat discrimination on the basis of religion, protect the autonomy of religious institutions, defend free exercise of religion, and ensure the proper application of both the Free Exercise Clause and the Establishment Clause, as well as the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Religious Freedom Restoration Act (RFRA), and its state equivalents. In this capacity, we have had extraordinary success advising clients on cutting-edge topics, bringing affirmative litigation in state and federal trial courts across the country, prosecuting appeals up to and including landmark decisions at the U.S. Supreme Court, and filing amicus briefs at every level. No matter the issue or the forum, we are there to defend the rights of all under all aspects of the Religion Clauses and related statutory protections.
Whether challenging government action targeting news media organizations, defending against private litigation seeking to impose liability on protected corporate speech, advising clients on cross-jurisdictional defamation risks, or winning significant victories for religious freedom, our team has the experience and best-in-class skill to achieve optimal results for our clients regardless of the challenge.
Experience
Recent representations include:
- Currently representing National Public Radio, Inc. in a First Amendment challenge to an executive order (NPR, et al. v. Trump, et al.)
- Currently representing The New York Times in a First Amendment challenge to the Department of Defense’s recently adopted press policy (New York Times Co. v. Dep’t of Defense)
- Currently representing Warner Bros. Television against claims from the estate of writer Michael Crichton that the hit HBO series The Pitt infringed on contractual rights associated with the series ER (Roadrunner JMTC LLC v. Warner Bros. Television)
- Successfully defended an AI developer in the first-ever defamation lawsuit arising from generative AI output, achieving a precedent-setting, complete victory at summary judgment (Walters v. OpenAI).
- Successfully defeated a defamation action brought by a former state governor against a nonprofit news organization (Bryant v. Mississippi Today).
- Successfully won preliminary injunctions requiring the White House to return the press credentials of two prominent reporters and successfully defended those injunctions on appeal (CNN v. Trump and Karem v. Trump).
- Successfully defended a journalist and major news network against a defamation action brought by a competing media network at the trial and appellate court-levels (Herring Networks, Inc. v. Maddow).
- Successfully obtained a dismissal on behalf of then-Twitter of a defamation lawsuit brought by James O’Keefe III, the founder of Project Veritas (O’Keefe v. Twitter, Inc.).
- Successfully represented a public radio journalist in obtaining a groundbreaking settlement from Los Angeles County arising from her arrest while covering a protest.
- Successfully obtained a dismissal on behalf of a major news network and its CEO of defamation claims brought by a former on-air personality (Henry v. Fox News Network).
- Successfully represented executives of the U.S. Agency for Global Media and Voice of America in First Amendment litigation over government regulatory changes affecting the agency (Turner v. U.S. Agency for Global Media).
- Successfully dismissed First Amendment claim brought by journalist Alex Berenson against former chief White House COVID adviser in the Biden administration Andy Slavitt (Berenson v. Biden)
- Defended online news organization and journalists in U.K. action alleging libel and data protection claims (Soriano v. Forensic News LLC)
- Advised prominent NGO regarding libel and related issues under U.S. and U.K. law.
- Successfully represented news organizations in major matters seeking access to judicial records and proceedings (e.g., Michael Jackson’s criminal trial, Independent Counsel grand jury investigation of President Clinton, ProPublica action seeking court records filed in connection with court martial proceedings; Reporters Committee for Freedom of the Press in Special Counsel grand jury investigation of President Trump)
- Currently representing the independent news evaluation agency NewsGuard in government investigations and public controversies
- Currently defending energy company in dozens of cases brought by state and local government entities seeking to impose damages based on speech and debate about climate change
- Currently representing property management software developer RealPage, Inc. in a First Amendment challenge to a New York state statute banning its software (RealPage v. James)
- Currently representing media companies against a defamation claim brought by a prominent rapper and music industry executive arising from a streaming documentary (Combs v. NBCUniversal Media, LLC).
- Currently representing entertainment companies against a defamation claim brought by a prominent television producer arising from a streaming documentary (Schneider v. Warner Bros. Discovery).
- Currently representing a journalist and former television news personality against a defamation claim arising from her social media activity (La Liberte v. Reid).
Recent representations include:
- Obtained emergency injunction from the U.S. Supreme Court, in what has been called “one of the most significant religion cases in the past 30 years,” blocking enforcement of executive order restricting house of worship attendance during the Covid-19 pandemic (Roman Catholic Diocese of New York v. Cuomo)
- Obtained writ of certiorari from the U.S. Supreme Court on behalf of, and now representing at the merits stage, evangelical Christian street preacher in seeking to bring a federal civil rights action for protection against a local ordinance that prohibits him from sharing his faith on public sidewalks (Olivier v. City of Brandon)
- Obtained U.S. Supreme Court ruling affirming that local governments are permitted to invite faith leaders to offer a prayer at the outset of legislative meetings, provided they are conducted over time in a way that does not reflect a pattern of proselytizing for, advancing, or disparaging any faith or belief (Town of Greece v. Galloway)
- Submitted amicus brief to the U.S. Supreme Court on behalf of constitutional law professors seeking to uphold the right of Muslim Americans subject to discriminatory electronic surveillance to bring a First Amendment lawsuit (FBI v. Fazaga)
- Represented religious institutions and advocacy groups across faith communities, as both parties and amici, in a host of cases advocating for a robust application of the church autonomy doctrine and the “ministerial exception,” which protect the right of religious institutions to choose who will serve the faithful in a ministerial capacity
- Successfully represented a family suing over homeowners’ association regulations that restricted their ability to display religious decorations as part of a fundraiser for children in need (Morris v. West Hayden Estates First Addition Homeowners Association, Inc.)
- Successfully represented synagogue in challenging restrictions on the use of its property under both the Free Exercise Clause and RLUIPA (554 Queen Anne Road, Inc. v. Teaneck Bd. of Adjustment)
Practice Leaders
News & Insights
Firm News
Gibson Dunn Announces First Amendment and Free Expression Practice, Building on Decades of Trailblazing Work
In the Media
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In the Media
National Public Radio Reaches $36 Million Deal in Funds Dispute