Amicus Brief Writing

Mr. Kaufman has four decades experience drafting and filing Amicus Curiae briefs on behalf of both individual clients and groups of Amici, primarily in First Amendment cases, in the U.S. Supreme Court and in other federal and state, trial and appellate courts. For the past several years, Mr. Cantwell has assisted in Mr. Kaufman’s Amicus brief writing practice.

Many of those Amicus briefs have supported positions subsequently upheld by the courts. And some of those winning Amicus filings helped lead to new or expanded First Amendment protections.

Over and above making the most persuasive possible presentation on the substantive legal points at issue, Mr. Kaufman has taken particular pride in the firm’s ability to put together relevant groupings in order to articulate those Amici’s particular interests. In that fashion, those briefs have presented, for the courts’ edification, practical insights into the potential impact of their rulings on First Amendment rights.

Mr. Kaufman’s Amicus filings have addressed a broad range of First Amendment issues, from defamation (summary judgment; opinion; actual malice), privacy (misappropriation of name or likeness; hot news misappropriation), reporter’s privilege and First Amendment protection for data publishing, to obscenity, indecency and child pornography.

For a sampling of briefs filed in the representative cases, see “Resources/Amicus Curiae Briefs.”