Corporate First Amendment Lawyer

Experienced First Amendment Lawyers for Media Companies and Other Corporate Clients

Attorney Nick OberheidenCorporate First Amendment Team Lead

The U.S. Supreme Court has ruled on multiple occasions that corporate entities have clear First Amendment rights. While this applies to broadcasters, journalists, media organizations, and other members of the press, it also applies to corporate entities that operate in other public and private sectors.

Along with fundamental First Amendment principles, other critical protections also apply at the state and federal levels, and commercial litigation involving First Amendment issues will frequently involve issues such as defamation, viewpoint discrimination, unfair competition, access to public records, licensing agreement disputes, and invasion of privacy claims as well.

We Have Extensive Experience Handling Complex Corporate First Amendment Matters

At Oberheiden P.C., we help companies protect their First Amendment rights in cases involving private and public entities. We also help companies protect their interests outside of the litigation context, and we routinely advise clients on free speech, defamation, invasion of privacy, and other related matters as well.

We also represent clients in litigation and non-litigation matters involving the Communications Decency Act (CDA), Freedom of Information Act (FOIA), and other pertinent sources of authority at the state and federal levels. We have a diverse client list that ranges from large corporate clients to high-profile individuals who need to file or defend against libel claims and other defamation actions with First Amendment implications.

Our Lawyers Represent Corporate Entities in Free Speech Matters Nationwide

Our lawyers have significant experience representing corporate and other clients in litigation involving the assertion of corporate First Amendment rights and cases involving related claims under state and federal law. Along with media clients, our lawyers represent a wide range of other clients in First Amendment litigation as well, and we have the capabilities and resources required to handle complex litigation anywhere in the country.

Some representative examples of First Amendment law and related issues we are able to handle for corporate clients include:

Freedom of speech issues involving social media platforms and online publications;
Targeted marketing campaigns with First Amendment implications;
Invasion of privacy claims with First Amendment implications (including cases involving religious freedoms);
Libel suits and potential libel claims involving speech that is arguably protected under the First Amendment;
Defamation actions brought against companies and individuals in an effort to quelch free speech;
Lawsuits targeting journalists, broadcasters, and other members of the press involving First Amendment issues; and,
Litigation that involves the intersection of the First Amendment’s free speech protections with employment law (i.e., Title VII and union elections), media law, and other pertinent areas of the law.

If your company needs legal counsel for any corporate First Amendment issue, we encourage you to contact our law firm to discuss what we can do to help. We provide representation for these and other issues both in and out of court, and we work closely with our clients’ key stakeholders to develop targeted and custom-tailored legal strategies that are designed to protect their interests as efficiently as possible.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

More About the Lawyers in Our Corporate and Media Practice

Our firm’s corporate and media practice includes lawyers who have spent their entire careers serving as legal counsel to clients in the private sector as well as former federal prosecutors who have notable experience handling cases involving First Amendment issues at the U.S. Department of Justice (DOJ). Today, all of our lawyers are devoted to protecting clients’ business interests in the private sector, and we regularly serve as litigation counsel for First Amendment and related cases involving the federal government.

At Oberheiden P.C., we offer:

Broad First Amendment Experience – We have broad experience representing clients in both litigation and non-litigation matters involving First Amendment issues. Along with direct free speech issues, this includes issues such as the assertion of libel and slander defenses under the First Amendment in defamation cases, invasion of privacy, and media law.
A Focus on Complex Federal Matters – Much of our practice is devoted to representing corporate clients in complex federal matters. As a result, along with our First Amendment experience, we have experience representing clients in matters involving the Communications Decency Act (CDA) and other federal statutes outside of the freedom of speech context. With that said, we handle select matters at the state and local levels as well, including matters involving free speech rights in the public forum.
A National Reputation – With extensive experience in our areas of practice, we have earned a national reputation as reliable legal counsel for complex and high-stakes federal matters. Founding attorney Nick Oberheiden, PhD has been featured in interviews with multiple media outlets, including Forbes, The Wall Street Journal, and Fox News.
Representation By Senior–Level Attorneys – When you choose Oberheiden P.C., you will work with senior-level attorneys at all times. We do not employ junior associates or paralegals. With a team that includes former federal prosecutors and other high-ranking former federal personnel, we bring substantial experience and a deep bench to every case we handle.
Access to Your Company’s Legal Team Around the Clock – When you choose Oberheiden P.C., you will also have access to your company’s legal team around the clock. We prioritize remaining in close communication with our clients, and you can expect to speak with one of our senior attorneys promptly when you need to get in touch.

Whether your company needs to defend against allegations that it has violated someone’s First Amendment rights or your company needs to defend against a libel suit brought by a third party on First Amendment grounds, our lawyers can provide the advice and representation required. To get started, contact us for a complimentary initial consultation today.

FAQs: First Amendment Law & Corporate Rights in the United States

What Has the U.S. Supreme Court Said About Corporate Protections Under the First Amendment?

The U.S. Supreme Court has issued numerous important decisions regarding corporate protections under the First Amendment. Along with free speech protections, the Supreme Court has addressed religious protections (i.e., in the case of The Church of Jesus Christ of Latter-Day Saints v. United States) and other First Amendment protections in the corporate context as well.

With that said, many fundamental questions remain largely unresolved, and we could potentially see some significant changes with the Supreme Court’s current conservative majority (and we have seen some significant changes already, including in Free Speech Coalition v. Paxton, where the court held that Texas could restrict access to First Amendment-protected content). Along with representing litigants, we represent interested parties in submitting amici curiae briefs to the Supreme Court as well; and, if your company has an interest in a First Amendment case pending before the Supreme Court, we can provide representation.

When Can (and Should) Corporations Assert First Amendment Protections?

Corporations can (and should) assert First Amendment protections under a wide range of circumstances. This includes both asserting First Amendment protections proactively (i.e., to engage in protective speech) and reactively (i.e., to defend against libel lawsuits and other defamation claims). In some cases, corporations can use their First Amendment rights to challenge regulations, legislation, and other governmental actions as well. If you have questions about your company’s First Amendment rights, we invite you to contact us for more information.

Does the First Amendment Protect Corporate Political Contributions?

Broadly speaking, yes. This was the fundamental holding in the U.S. Supreme Court case of Citizens United v. Federal Election Commission in 2010. In Citizens United, the Supreme Court held that political donations qualify as free speech under the First Amendment. This decision is the foundation for the outsized role that corporate donations play in today’s elections at the federal, state, and local levels.

When Should Companies Engage First Amendment Counsel?

We encourage corporate leaders to engage First Amendment counsel whenever they have questions about their company’s legal options or the defenses that their companies may be able to assert in litigation or in response to harmful governmental actions. Several of our senior attorneys are well-versed in this area, and we can help you understand everything you need to know in order to make informed and strategic decisions going forward.

Do I Need a Law Firm Ranked with Chambers USA?

While many law firms tout their rankings with Chambers USA, it is not necessary to engage a law firm ranked with Chambers and Partners for First Amendment or other matters. Although Chambers and Partners is widely respected within the legal industry, not all law firms submit themselves for inclusion. At Oberheiden P.C., we have not felt it necessary to go through the self-submission process to date.

Contact Our First Amendment Lawyers for More Information

If you would like to know more about our firm’s corporate First Amendment practice, we invite you to get in touch. Once you do, we will arrange for you to speak with one of our senior attorneys in confidence as soon as possible. To arrange a complimentary initial consultation at Oberheiden P.C., give us a call at 888-680-1745 or tell us how we can get in touch online today.