Other First Amendment Issues and Litigation

In addition to its active practice involving defamation and closely related media tort claims, the firm has also litigated and counseled and on a wide variety of other First Amendment issues.

Mr. Kaufman represented media interests in connection the National Commission on Uniform State Laws and the American Law Institute (of which he has been a member since 1995) on issues involving corrections and retractions, right of publicity and potential media liability for physical injury caused by content.

The firm has also litigated or counseled on a wide range of other First Amendment issues including: access, anonymous speech, commercial speech, gag and sealing orders, hot news, national security censorship, obscenity, indecency and child pornography, malicious prosecution, prior restraints and other restraining orders, reporters privilege, school and library censorship and SLAPP’s.

Representative Other First Amendment Cases:
  • Americare, Inc. v. Google Inc., (N.Y. Sup.Court, Albany Co.) (presenting issue of anonymous speech online)
  • Sorrell v. IMS Health, Inc., 131 S.Ct.2653 (2011) (amici curiae) (according First Amendment protection to health-related data as protected commercial speech)
  • Barclays Capital Inc. v. Theflyonthewall.com, 650 F.3d 876 (2d Cir. 2011) (amicus curiae) (hot news)
  • Ottinger v. Tiekert, 25 Misc.3d 1212(A), 901 N.Y.S.2d 908 (Westchester Co. 2009) (granting Summary Judgement for Defendant under special criteria of N.Y. Anti-SLAPP statute)
  • Freemont Area Medical Center v. McKnight, Case Number CI 07-366 (Dist. Ct., Dodge Co., Nebraska 2007) (unpublished order denying Plaintiff’s motion to impose a prior restraint)
  • Ash v. Board of Managers, 44 A.D.3d 324 (1st Dept. 2007) (overturning gag order)
  • Visentin v. DiNatale, 4 Misc.3d 1018(A), 798 N.Y.S.2d 349, 32 Media L. Rep. 2623 (Putnam Co. 2004) (granting access to media intervenors; granting Defendant’s motion to unseal documents)
  • James H. Rambo, Inc. v Genovese (unpublished order in Supreme Court, Suffolk Co., later separately appealed by other counsel and affirmed, 250 A.D.2d 735 (2d Dept. 1998) (granting Summary Judgment for Defendant in malicious prosecution action under N.Y. SLAPP statute)
  • People v. Ferber, 52 N.Y. 2d 674 (N.Y. 1981) (amici curiae) (child pornography)
  • Pico v. Board of Education, Island Trees, 638 F.2d 404 (2d Cir. 1980) (amici curiae) (school library censorship)
  • St. Martin’s Press v. Carey, 605 F.2d 41 (2d Cir. 1979) (amici curiae) (child pornography)
  • United States v. Frank W. Snepp, 595 F.2d 926 (4th Cir. 1979), summarily rvs’d, 444 U.S. 507 (1980) (amicus curiae) (national security)
  • Federal Communications Commission v. Pacifica Foundation, 438 U.S. 726 (1978) (amici curiae) (indecency)
  • Smith v. United States, 431 U.S. 291 (1977) (amicus curiae) (obscenity)

See also Notable Developments/Other First Amendment Issues and Litigation for recent firm activities in this area.