Skip to Content

Media and First Amendment

Media & First Amendment

Our approach to First Amendment and media law issues will help to advance your objectives and limit legal distractions and risks. Our practice represents print and broadcast media at the local and national levels.

Main Content

Media

Navigating First Amendment Challenges

Godfrey & Kahn provides legal counsel to the news media both in Wisconsin and nationally, representing newspapers, magazines, and the broadcast media.

Our clients include daily newspapers in Milwaukee and Madison as well as newspapers and television and radio stations throughout the state of Wisconsin. Since 1985, the firm has maintained a legal hotline for members of the Wisconsin Newspaper Association and the Wisconsin Broadcasters Association. We also represent these associations as counsel.

Protecting Free Press and Access to Information

Our media practice covers every aspect of corporate media. The firm's attorneys have represented clients in a wide range of matters including:

  • Sale and purchase of media properties of all types and sizes
  • Tax and antitrust issues
  • Challenges to independent contractor status and claims for employee benefits
  • Copyright, trademark and domain name protection
  • Book publishing and distribution, including author contracts

Our media practice covers every aspect of media and First Amendment law. The firm's attorneys have represented clients in a wide range of matters including:

  • Precedent-setting litigation over prior restraints, defamation and privacy
  • Subpoenas and media access disputes
  • Open records and open meeting disputes under both state and federal law
  • Tax and antitrust challenges
  • Challenges to independent contractor status and claims for employee benefits
  • Copyright, trademark and domain name protection and infringement
  • Book publishing and distribution, including author contracts and disputes

The counseling and litigation judgment of our attorneys has been battle-tested in the U.S. Court of Appeals and the Wisconsin and U.S. Supreme Courts. Whether working with Pulitzer Prize winners or recent newcomers to the profession, we apply the right resources and approach to advance the story and limit legal distractions and risks.

The firm offers a full range of legal services to its media clients. Of particular interest to broadcasters and publishers is the firm's extensive experience in intellectual property law, including copyright and trademark law, and all aspects of employment, labor and business law.

Open AllClose All
Acquisitions and Commercial Transactions

Godfrey & Kahn attorneys have the legal and media business acumen to advise on day-to-day business procedures, strategies for market share and cash flow. From buying or selling a single community newspaper to acquiring a group or large metro daily, we have proven experience in helping clients through post-closing integration and clearing the transaction hurdles.

Business Operations

Nationally recognized experience in the First Amendment does not guarantee that state media endeavors will be free from employment lawsuits, workers' compensation disputes, OSHA and environmental claims, and market consolidation. Godfrey & Kahn attorneys are committed to advancing the principles of free speech and enterprise journalism, and combining those efforts with a solid understanding of free press, paid circulation, paid advertising and the media's audience. Our lawyers have designed distribution systems, refined commission sales programs and negotiated labor and vendor contracts.

Commercial Speech, Advertising and Promotional Regulations

Godfrey & Kahn's media attorneys provide advice and guidance to media clients and their advertisers in all aspects of state and federal regulations. Because print, broadcast and Internet media are subject to a host of state and federal regulations concerning advertising, employment, gambling and promotional contests, violation of such rules can result in liability not only for the advertiser but for the station or newspaper as well. We stay abreast of changes in state and federal regulations governing media.

The print, broadcast and Internet media are subject to a host of state and federal regulations concerning advertising, employment, gambling and promotional contests. Violation of those rules can result in liability not only for the advertiser but for the station or newspaper as well. "Do not call" and CAN SPAM regulations restrict efforts to develop client relationships and sales revenue. We provide advice and guidance to the firm's media clients and their advertisers in all aspects of state and federal regulations.

Defamation and Privacy

We provide an aggressive defense for defamation and invasion of privacy claims against the print and broadcast media in both state and federal courts. However, effective legal representation in defamation requires more than just reacting to claims after a news story has been broadcast or published. Our attorneys provide comprehensive pre-publication and pre-broadcast review that can reduce potential legal liability while preserving the full scope and impact of a news story or investigative series.

Media Law and the Internet

The internet has enhanced communication for everyone, but this new medium presents similar legal problems as traditional media. Email, websites, databases and blogs have their own unique legal issues. We represent service providers, electronic publishers and software manufacturers, both national and state, in addressing such issues

Political Broadcasting

Godfrey & Kahn lawyers have direct experience and regular contacts with both the Federal Communications Commission and the Federal Election Commission. We regularly advise our media clients of their rights and responsibilities regarding political broadcasting. Especially during election seasons, broadcasters rely on our knowledge regarding political file requirements, reasonable access and equal opportunities rules, lowest unit rate and other political broadcasting laws.

We regularly advise our media clients of their rights and responsibilities regarding political broadcasting, a fluid area in light of legislation such as the federal 2002 Bipartisan Campaign Reform Act and current campaign finance reform efforts in Wisconsin. Especially during election seasons, broadcasters rely on our experience regarding political file requirements; reasonable access and equal opportunities rules; lowest unit rate and other political broadcasting laws. Godfrey & Kahn attorneys have direct experience and regular contacts with both the Federal Communications Commission and the Federal Election Commission.

Public Records and Open Meetings

Wisconsin's public records and open meeting laws, together with the federal Freedom of Information Act, provide journalists with important reporting tools and citizens with important rights. Our attorneys have both statewide and regional experience in obtaining access to records, meetings and court proceedings for their media clients, whether through negotiation or trial and appellate litigation.

Subpoenas

Wisconsin has a strong statutory journalists' shield law, Wis. Stat §885.14. Still, responding to subpoenas presents a particular challenge to the state's news media. Whether the subpoena seeks a reporter's notes, outtakes of a broadcast interview or the identity of a source, journalists must protect their First Amendment rights. We regularly represent print and broadcast journalists in judicial and administrative proceedings in the defense of these rights.

Get in Touch

Join us at a seminar

Looking For More?

Our attorneys write on a variety of topics and provide engaging educational opportunities through free webinars and seminars enabling you to stay up-to-date with the most current developments, trends, and legal issues affecting your business.

Explore Insights

We’re Honored to be Honored

We are honored by awards that reflect our vision for our work. Work-product awards like Best Law Firms and top tier rankings by Chambers USA and Benchmark Litigation help us attract and keep quality talent who are often recognized as Best Lawyers. Our people help us attract clients and build a team-oriented culture that's led to Top Workplace awards year after year.

Please wait while we gather your results.

You might also be interested in

Please wait while we gather your results.

Join Our Mailing List

Need to stay current on the latest news, trends and regulatory issues impacting your business? Subscribe today! We know your time is valuable, so we limit our communications to only the most pertinent info you need to stay informed.

Subscribe