dcsimg Media and First Amendment

Media and First Amendment

For more than four decades, McGuireWoods lawyers have represented media companies – newspapers, television stations, radio stations, magazines, book publishers and, more recently, publishers of online content and hosts of social media sites – in the full scope of legal issues relating to their businesses. The firm’s media and First Amendment lawyers – several of them former editors and reporters – are recognized in Best Lawyers in America and in Chambers USA for their First Amendment and media law experience. McGuireWoods is a member of the Media Law Resource Center’s Defense Counsel Section. Our media lawyers have authored and contributed to leading publications on defamation and media related issues, including the North Carolina and 4th Circuit chapters of the Media Law Resource Center’s 50-State Annual Survey of Media Libel Law, The North Carolina Media Law Handbook, and The Law of Defamation in Virginia.

The firm represents a range of media clients, including McClatchy Newspapers Inc., The Charlotte Observer, The Fayetteville Observer, Raycom Media Inc., WBTV, Inc., ITV Studios, Inc., Greater Media, Inc. and the Charlotte Business Journal. We have also represented other national publishers and broadcasters on specific litigation and business-related matters. We counsel our media clients and represent them in court on the full range of issues they face, including:

  • Pre-publication and pre-broadcast review
  • Defamation and privacy claims
  • Access to state and federal courts and court records
  • Resisting subpoenas and search warrants
  • Prior restraints against publication and gag orders on trial participants
  • Access to public records under state statutes and the federal Freedom of Information Act
  • Right of publicity / misappropriation of likeness
  • Print, broadcast, and Internet-related advertising issues
  • Trademark and copyright infringement matters
  • Internet legal issues, including claims involving the Communications Decency Act, the Digital Millennium Copyright Act, and the Computer Fraud and Abuse Act, among other statutes

We work closely with our regular clients through in-house seminars and pre-publication / pre-broadcast review sessions to help them minimize litigation risks and keep current on legal developments that affect them. We strive to be counselors to our clients at all times, and creative, effective courtroom advocates when necessary. We have helped clients assemble coalitions of media entities in matters involving access to court records and proceedings, as well as to government records under state and federal freedom of information laws.

CONTACTS

Results 1-8 of 8

RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

ITV Studios, Inc.

Obtained order quashing subpoena to documentary producer for ITV Studios, Inc. which was subpoenaed by a criminal defendant to produce all raw video footage and reporters’ notes in a capital murder case.
Representative Matter

Television station

United States v. Demario James Atwater, (M.D.N.C. 2010). Opposed subpoena duces tecum to network-owned television station from capital murder defendant for copies of all aired broadcasts and all articles and comments posted on station website; court quashed subpoena as overbroad and burdensome.
Representative Matter

The Charlotte Observer

Trial court, over objections of prosecutor and murder defendant, granted The Charlotte Observer’s motion for contemporaneous access to transcripts of audio and video recordings of 911 tapes and police communications played to jury during murder trial of defendant charged with murder of two Charlotte police officers.
Representative Matter

Law firm

Obtained court dismissal of defamation and related claims against law firm arising from email communications about plaintiffs.
Representative Matter

International scientific journal

Obtained court dismissal of Internet defamation and related claims against publisher of international scientific journal.
Representative Matter

Television station

Obtained summary judgment in libel/infliction of emotional distress lawsuit brought by man convicted of killing father of NBA star Michael Jordan.
Representative Matter

Newspaper

Defense of newspaper in copyright infringement lawsuit over use of photographs.
Representative Matter

International financial institution

Representation of international financial institution seeking to halt competitor’s trademark infringement in nationally televised bankcard commercials.
Results 1-8 of 8
E. Osborne Ayscue Jr. E. Osborne Ayscue Jr.
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2058
F: +1 704 343 2300
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Marshall Beil Marshall Beil
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7004
F: +1 212 715 2319
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Jonathan Edward Buchan Jonathan Edward Buchan
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2063
F: +1 704 444 8714
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Rick Conner Rick Conner
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2137
F: +1 704 444 8790
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Jacob P Hildner Jacob P. Hildner
Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8198
F: +1 312 698 4545
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Bradley R Kutrow Bradley R. Kutrow
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2049
F: +1 704 343 2300
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Richard E Lieberman Richard E. Lieberman
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8615
F: +1 312 558 4374
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Stephen W Robinson Stephen W. Robinson
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5469
F: +1 703 712 5258
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Thomas E Spahn Thomas E. Spahn
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5417
F: +1 703 712 5199
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Adam Summerfield Adam F. Summerfield
Attorney
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 956 3429
F: +1 310 956 3144
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Brian P Troutman Brian P. Troutman
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2263
F: +1 704 353 6177
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