First Amendment Appellate Expertise
The First Amendment, while on first reading relatively simple, has proven to be quite complex and difficult in application. Sonnenschein's First Amendment appellate practitioners have significant experience in these murky areas, whether it be traditional media, cutting-edge media, or other mediums of communication. We regularly argue appeals raising First Amendment issues, both in cases which were originally tried by Sonnenschein attorneys and in those where we were brought in at the appellate level. Our media clients also frequently request that we prepare amici curiae briefs on important legal issues presented on appeal in cases in which the clients are not parties, because the resolution of First Amendment issues as applied to one party or one medium will generally be applicable to other media as well.
Representative First Amendment Appellate Matters
Bond v. Utreras, No. 07-2651 (7th Cir.) (pending) (filed brief amicus curiae on behalf of The Associated Press, CL Chicago, Inc. (Chicago Reader), The Sun-Times Company, Chicago Tribune Company, The Copley Press, Gannett Co., Inc., The Illinois Press Association, Lee Enterprises, Inc., and The New York Times Company, in case involving media access to unfiled discovery materials in federal court litigation).
Solaia Tech., LLC v. Specialty Publ’g Co., 221 Ill. 2d 558, 852 N.E.2d 825 (2006) (filed brief amicus curiae on behalf of Chicago Tribune Company, The Copley Press, Inc., and Illinois Press Association, in case involving application of the fair report privilege in defamation law).
Tuite v. Corbitt, 224 Ill. 2d 490, 866 N.E.2d 114 (2006) (filed brief amicus curiae on behalf of Chicago Tribune Company, American Broadcasting Company, CBS Broadcasting, Inc., Simon & Schuster, Crain Communications Inc., The Copley Press, Inc., and Illinois Press Association, in case involving application, and continued validity, of the innocent construction rule in Illinois defamation law).
Lyle v. Warner Brothers Television Productions, 38 Cal. 4th 264, 132 P.3d 211 (2006) (represented amici booksellers, publishers and librarians successfully arguing that hostile workplace rules should not be so strictly applied that they infringe on the creative process).
Shipley, Inc. v. Long, 359 Ark. 208 (Sup. Ct. 2004) (successfully argued representing booksellers, publishers and media groups for a limiting interpretation of the Arkansas harmful to minors law).
City of Littleton v. Z J Gifts D-4, L.L.C., 541 U.S. 774 (2004) (represented amici curiae media in successfully arguing that under licensing scheme, licensee must have both speedy access to courts and speedy court decision).
PSINet v. Chapman, 362 F. 3d 227 (4th Cir. 2004) (represented Internet providers, booksellers and sexual education sites in a successful challenge to the Virginia Internet display to minors statute).
American Booksellers Foundation v. Dean, 342 F. 3d 96 (2d Cir. 2003) (represented booksellers, publishers and recording producers and retailers in a successful challenge to Vermont Internet display to minors statute).
VSDA v. St. Louis County, 329 F. 3d 954 (8th Cir. 2003) (obtained reversal of adverse district court decision that had denied First Amendment protection to video games).
Ashcroft v. Free Speech Coalition, 535 U. S. 234 (2002) (represented amici curiae media in successfully arguing that it is unconstitutional to define child pornography to include depictions of adults who “appear to be” minors).
United States v. Playboy Entertainment Group, 529 U. S. 803 (2000) (represented amici curiae media in successfully arguing that regulation of sexually explicit material on cable is unconstitutional).
FW/PBS, Inc. v. City of Dallas, 493 U. S. 215 (1990) (represented amici curiae media in successfully arguing that Dallas licensing statute violated First Amendment since it lacked a time limit to decide and lacked prompt judicial review).
Fort Wayne Books, Inc. v. Indiana, 489 U. S. 46 (1989) (represented amici curiae media in successfully arguing that pre-trial seizure of books and magazines without judicial determination violated First Amendment).
American Booksellers Assn. v. Hudnut, 475 U. S. 1001 (1986) (represented associations of bookstores, publishers and other media in successfully challenging McKinnon/Dworkin “civil rights” anti-pornography law as unconstitutional).
