Practice Areas

Administrative Law
Antitrust
Appellate
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Constitution — First Amendment
Constitution — Second Amendment
Constitution — Fifth Amendment
Constitution — Civil Rights
Constitution — Commerce Clause
Constitution — Separation of Powers
Constitution — Voting Rights
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U.S. Supreme Court
U.S. Court of Appeals
Constitution — First Amendment

Constitution — First Amendment

Throughout our firm’s history, clients have frequently engaged us to represent them in matters that implicate the First Amendment. During the October 2021 term, we represented Senator Ted Cruz in the Supreme Court in a First Amendment challenge to a federal campaign finance law. We also serve as outside counsel for Florida in First Amendment litigation over that State’s first-of-its-kind effort to regulate content moderation by social media platforms and are actively engaged in several matters where we are defending the free speech rights of students on college campuses.

Issue
Senator Ted Cruz's challenge to the Bipartisan Campaign Reform Act
Level of Court
United States Supreme Court

Overview We represent Senator Ted Cruz in a challenge to a provision of the Bipartisan Campaign Reform Act, and FEC regulations implementing it, which impose a $250,000 cap on the amount a federal candidate may raise, after an election, to pay down loans that the candidate personally made or incurred before the election for the benefit of the campaign. Because this restriction burdens a candidate’s ability to spend his own money to finance his campaign, the lawsuit claims that it is unconstitutional under the First Amendment.

Issue
Challenge to the Satellite Home Viewer Improvement Act
Level of Court
US Court of Appeals - Fourth Circuit

Overview We represented the SBCA and member companies Echostar Communications Corp. and DirecTV, Inc. in a First Amendment challenge to the must-carry provisions of the Satellite Home Viewer Improvement Act of 1999, requiring satellite television carriers to carry all television stations in a local market if they choose to carry one station in that market.