Overview
In today’s informational age, traditional and digital publishers, corporations, and individuals are continually exposed to risk, liabilities, and high-stakes legal action. The 24/7 news cycle and dominance of social media require experienced and knowledgeable counsel to assess quickly and protect: your constitutional rights, your reputation, your intellectual property, and your individual and commercial activities.
Litigating the Headlines
Our First Amendment & Media team includes some of the most experienced First Amendment and media attorneys in New England—having successfully litigated defamation cases, access cases, Freedom of Information request appeals, wrongful death cases, acquisitions, contract matters, First Amendment challenges, commercial disparagement, invasion of privacy, and other issues related to the media. We conduct pre-publication review of news stories for media clients, and handle other non-litigation media-specific business issues that may arise. We fight for clients who create or disseminate content across all media, and have represented major publishers from television stations and the Hartford Courant Company to Tribune Publishing, and the Associated Press. Our attorneys have had an impact on many significant First Amendment cases in recent years—around front-page events such as Sandy Hook, Catholic diocesan litigations, Freedom of Information Act (FOIA) actions, and victim’s rights cases.
Our First Amendment expertise has also been a valuable tool for corporate litigation. Many businesses are unaware that the First Amendment can be a potent weapon for them to successfully challenge government regulations. Recent U.S. Supreme Court decisions have relied on the First Amendment to prevent laws and regulations from infringing on a business’s commercial free speech rights and our attorneys have deep experience in these complex constitutional issues.
Services
Our team can provide counsel around many types of media and First Amendment issues, including:
- Libel, defamation, privacy, right of publicity, newsgathering, copyright, and trademark litigation
- FOIA and open government requests and appeals
- Wrongful death and other tort claims (related to media/reporting)
- First Amendment challenges to protected commercial free speech
- Prepublication and pre-broadcast review of editorial and advertising content
- Invasion of privacy claims
- IP, trademark and copyright infringement claims
- Media-business labor law (right-to-report, non-competition agreements, etc.)
- Regulatory issues for media companies
- Advertising and marketing issues and disputes
- Distribution issues and disputes for media companies
- Strategies for repurposing content and use of third-party work
- Freelance agreements, releases, and permissions
- Social media strategy and guidelines
- Subpoenas, including confidential source issues (Reporter’s Privilege)
- Risk avoidance, training, and insurance advice
Experience
Members of the practice have been cited for acknowledgements including “Bet-the-Company Litigation,” Super Lawyers (CT), and appointment by Connecticut’s Chief Justice to the state’s Media Law Committee.
We have successfully represented a variety of clients in significant and sensitive matters, including cases such as:
- Representing the Tribune Company and Baltimore Sun in litigation brought by the survivors and families of the victims of the newsroom shooting at the Capital Gazette in Annapolis, Maryland
- Representing the Hartford Courant in various libel actions; (all cases dismissed at pleading stage or summary judgment entered for newspaper)
- Representing the Hartford Courant in the Connecticut Supreme Court on access to records related to the Sandy Hook shooting
- Representing the Associated Press regarding 911 tapes for Sandy Hook shooting (Sedensky v. FOIC, 2013 Conn. Super. LEXIS 2716)
- Defamation claim against NBC Universal (Shuckra v. NBC Universal Media, LLC et al., TTD-CV-18-5010186-S)
- Representing the Hartford Courant as intervenor in Supreme Court case on the Victim’s Rights Amendment to the Connecticut Constitution (Conn. v. Gault, 304 CT 330 (2012))
- FOIA litigation to obtain records for the Center for Investigative Journalism (Reveal News) for use in a documentary production from the Bridgeport Police Department (City of Bridgeport et al v. Freedom of Information Commission, HHB-CV20-6060495)
- Representing the Hartford Courant in a case involving access to judicial records (Rosado v. Bridgeport Roman Catholic Diocesan Corp., 292 Conn. 1 (2009))
- Representing the Hartford Courant in action enforcing Freedom of Information Act regarding documents submitted by insurance company to Attorney General ( Mutual v. Blumenthal, 281 Conn. 805 (2007))
- Representing the Hartford Courant in action enforcing Freedom of Information Act against Mayor of City of Hartford (Perez v. FOIC, 2009 Conn. Super. LEXIS 1511)
Case Studies
Hinckley Allen Wins for Media Companies in Action Related to CT State Police Ticketing Scandal
Hinckley Allen attorneys successfully represented two Connecticut media companies in their efforts to access information regarding a highly publicized Connecticut State Police ticketing scandal.Hinckley Allen attorneys, representing two local publications,…
Hinckley Allen Represents Media Outlets in Wrongful Death Settlement
In June 2018, a gunman killed five individuals at the offices of The Capital newspaper in Annapolis, Maryland. Hinckley Allen attorney William Fish began representing The Sun and Tribune Publishing immediately after the shooting. In June 2021, the victims …
Newsroom
How Research Misconduct Proceedings Can Invoke Defamation Claims
November 14, 2023This article was featured in the Spring 2024 edition of USLAW Magazine.Research misconduct is a high-stakes concern. For research institutions committed to detecting – and thwarting – research fraud, the discovery of putative research misconduct initia…
Connecticut Supreme Court Affirms Right of Immediate Appeal for Lawsuits Targeting First Amendment Rights
May 24, 2023In an important ruling safeguarding free speech rights, the Connecticut Supreme Court held this month that court decisions denying anti-SLAPP motions to dismiss may be immediately appealed rather than waiting for the conclusion of the case, potentially all…
Elevating Excellence: Hinckley Allen's Newest Partners and Counsel Assume Key Roles in 2024
January 2, 2024Hinckley Allen is proud to announce the elevation of three attorneys to Partner and one attorney to Counsel. All attorneys assumed their new positions as of January 1, 2024.The new partners are Alexa T. Millinger, Stephen D. Rosemarino, and Andrea L. Gomes…
Hinckley Allen Attorneys Named in Best Lawyers in America® 2024
August 17, 2023A multitude of Hinckley Allen attorneys are recognized in their respective practice areas in Best Lawyers® 2024 edition of The Best Lawyers in America®. In addition, 11 Hinckley Allen attorneys were named in the “Lawyers of the Year” category, as wel…
Who We Serve
Our clients come to us from virtually every area impacted by modern media, including:
- Traditional and online media publishers
- Television and radio broadcasters
- Corporate clients and individuals with First Amendment disputes
- Freelance reporters/journalists
- Authors, producers, filmmakers, artists
- Celebrities and entertainers
- Book publishers
- Advertising agencies and public relations firms
Past and current representative clients:
- Associated Press
- Baltimore Sun
- Hartford Courant Company
- Tribune Publishing Company
- NBC
- The Center for Investigative Reporting (Reveal News)
- Connecticut Mirror
- Connecticut Public Broadcasting
- New Haven Register
- New London Day
- Lakeville Journal
- Middletown Press
