Since its founding in 1935, Schnader has been dedicated to preserving First Amendment rights and to providing legal services to the media and communications industries.
Our practice includes extensive experience in defamation and privacy litigation, pre-publication counseling and analysis, representation of media entities seeking access to public materials, general First Amendment litigation, representation of those seeking to protect their First Amendment rights to speak in public fora, and protection of journalists’ materials under statutory shield laws and common law privileges. We represent traditional media publishers and broadcasters as well as Internet companies and publishers. We do not accept representations of plaintiffs in cases against the media.
Decades of Experience in Defamation and Privacy Litigation
Schnader has a strong tradition of defending media entities and others against defamation claims. Our clients have included national television networks and local affiliates, radio broadcasters, television and motion picture producers, newspaper publishers, magazine publishers, book publishing houses and Internet content providers. We are sensitive to and experienced in dealing with the unique ways in which journalists and editors work in both the print and the broadcast media, and the impact these distinctions may have on all aspects of libel litigation, including discovery and legal analysis.
Our litigation experience in defamation and related areas ranges from precedent-setting decisions in the Supreme Court of the United States to more traditional litigation in the federal and state trial courts. We have successfully defended attacks on important pieces of investigative journalism in both the print and broadcast media. Because many of our clients are based outside of Pennsylvania, much of our litigation is in the federal courts under diversity jurisdiction. We regularly defend against libel and privacy cases in the Pennsylvania state courts as well.
The Firm has been at the forefront of landmark decisions dealing with defendants’ protection under Pennsylvania law, including the common law opinion defense, the fair report privilege and the Shield Law privilege. These defenses and privileges are important adjuncts to First Amendment guarantees and routinely arise in defamation and privacy cases.
Timely Pre-Publication Libel and Privacy Advice
Our lawyers offer 24-hour pre-publication advice to broadcasters and publishers about whether certain speech, particularly material in news reports, presents a risk of liability — reviewing scripts, drafts and other materials before publication or broadcast to identify potential exposure to libel and privacy claims. Our reviews include specific advice on ways to publish that are likely to help clients avoid liability.
Emergency Aid to Media Seeking Access to Information and Protection from Subpoenas
Our lawyers handle emergency requests from media entities and others for access to information or to the courts, including requests for information under Sunshine Acts and similar statutes, such as the Pennsylvania Right-to-Know Law. We also defend news media clients against subpoenas seeking privileged material in journalists’ files.
Broad Experience in First Amendment Litigation
We have experience litigating on a wide range of core First Amendment issues, including public forum analysis, statutory vagueness, and over-breadth and prior restraints.
Equally important, we also have successfully litigated a variety of cases involving little known but significant rights that exist under state constitutions.
Extensive Work with Right of Publicity and Right of Privacy Issues
Our lawyers also have experience counseling clients in the nuances between right of privacy and right of publicity, as well as student-athlete rights related to name, image, and likeness (NIL). By way of example, our lawyers are experienced in counseling clients in the following:
- Advising clients on the right of privacy and right of publicity of third parties to ensure compliance with all applicable laws and regulations;
- Preventing unauthorized use of their right of privacy and right of publicity; and
- Licensing their right of privacy and right of publicity.
We litigate cases in both the federal and state court systems, at the trial and appellate levels, throughout Pennsylvania and elsewhere. The following descriptions highlight some of our clients’ recent victories and significant involvements in libel, privacy and other cases involving First Amendment issues.
- On behalf of a high school student subjected to school discipline for off-campus speech in violation of her First Amendment rights, obtained a favorable decision enjoining the disciplinary action in both the District Court for the Middle District of Pennsylvania and the U.S. Court of Appeals for the Third Circuit. On further appeal, served as co-counsel as the U.S. Supreme Court affirmed the Third Circuit decision in one of the most significant student free speech cases in 50 years. Mahanoy Area School District v. B.L.
- Obtained from the United States Court of Appeals for the Third Circuit a permanent injunction prohibiting a public transit agency from enforcing an advertising policy that discriminated based on viewpoint by barring advertisements by speakers who identified themselves as affiliated with any religion or as atheists.
- Obtained an injunction on behalf of two newspapers requiring the Pennsylvania Department of Corrections to make the entirety of lethal injection executions visible and audible to the members of the public and the press selected to witness them on First Amendment grounds.
- Successfully defended a major national newspaper and Nobel Prize-winning writer in a defamation suit brought by a Philadelphia public official, in federal court, resulting in a no-damages settlement.
- Successfully defended a major national newspaper in an action for defamation by implication arising from use of a picture of the plaintiff’s web page.
- Won summary judgment for a magazine publisher in a state court defamation case brought by a prominent Philadelphia-area attorney.
- Prevailed on behalf of two national broadcasting networks in protecting outtakes and other privileged journalist materials, by successfully moving to quash a subpoena issued by a law firm defending against employment discrimination claims in a nationally publicized case based in Philadelphia.
- Successfully defended a magazine publisher in a state court defamation case brought by a former Philadelphia police officer.
- Obtained dismissal of a defamation and false light lawsuit brought against a local online newspaper.
- Won a directed verdict at the close of plaintiff’s case at trial in a state court defamation case brought against a magazine publisher by a former Philadelphia mayoral candidate.
- Advised a non-profit on the intricacies of the Pennsylvania Right-to-Know Law and developed a strategy to assist them in protecting their sensitive documents from accidental and unintentional disclosure.
Amicus Briefs on Issues of Broad Impact
We recognize that, in this area of the law especially, our clients’ interests are at stake even in cases where they are not parties.
Accordingly, an important part of our practice is the representation of individual clients and coalitions reflecting significant perspectives and principles in cases with the potential for wide-ranging impact. In this vein, we routinely prepare and submit amicus briefs in the Supreme Court of the United States and other appellate courts, including the following:
- Filed a brief in the U.S. Supreme Court on behalf of amici curiae in Reno v. ACLU, challenging the constitutionality of certain provisions of the Communications Decency Act.
- Filed an amicus brief in the U.S. Supreme Court and U.S. Court of Appeals for the Third Circuit in support of the American Civil Liberties Union (ACLU) in Ashcroft v. ACLU, 00-1293 (U. S.), challenging the constitutionality of certain provisions of the Child Online Protection Act.
- Filed an amicus brief in the U.S. Supreme Court on behalf of a television network in support of Philadelphia Newspapers, Inc., in Philadelphia Newspapers v. Hepps.
- Filed an amicusbrief in federal court in the Eastern District of Pennsylvania in a suit against a school official for allegedly using school-issued laptops with webcams to record students without their knowledge.
- Filed an amicus brief in the Supreme Court of Pennsylvania in an action seeking recognition of a privilege of neutral reportage.
News & Publications
- Legal Framework for NIL One Year After NCAA v. Alston – Next Steps for Universities
- Edward Sholinsky Elected to Schnader’s Executive Committee; Melissa Blanton Re-Elected
- Statute of Limitations in Legal Malpractice Claims – Continuous Relationship versus Continuous Representation
- Name, Image & Likeness (NIL): Three Key Legal Issues Facing Businesses in College Athlete Endorsement Deals to Date
- PA Supreme Court Holds Online Defamation Cases Can Be Brought Almost Anywhere In Pennsylvania
- Karen Baillie, Jonathan Skowron and Keith Whitson Certified as “Ally-Ready” by Pittsburgh Legal Diversity & Inclusion Coalition
- Three Intellectual Property Matters to Settle in Setting NIL Rules
- Protecting Privacy Rights and Opposing the Release of Personally-Identifying Information of Every Registered Voter in Pennsylvania
- It’s a New Game: Pennsylvania Statute Adopted on College Athlete Compensation for Name, Image and Likeness
- Summer School for Intellectual Property: Universities Must Prepare Student-Athlete Endorsement Policies in Response to New NCAA Rules
- What Does the Future Hold for College Athletics after the Supreme Court Decision in NCAA v. Alston?
- Supreme Court Protects First Amendment Rights for Students’ Off-Campus Speech
- Keith Whitson Interviewed on KDKA-TV about Allegheny County Bar Foundation
- Keith Whitson to be Named President of the Allegheny County Bar Foundation
- The Propriety of Out-of-State Service of Certified Mail Without Restricted Delivery in Pa.
- Allegheny County Bar Foundation’s Endowment Campaign – Join the path of a leader
- Jonathan Skowron Publishes Article in 2020 Professional Liability Defense Survey of Law
- Easing the Pain of Worker Layoffs: Individual Stipends and Other Emergency Benefits Under the Most Recent Federal Stimulus Package For Covid-19
- Theresa Loscalzo Re-elected to Schnader’s Executive Committee
- Drew Kastner Appointed to Advisory Board for Copyright Society of the USA
- Pa. High Court Rejects ‘Continuous Representation Rule’ for Legal Malpractice Actions
- Pennsylvania Supreme Court Expands Right-to-Know Requesters’ Ability to Seek Attorneys’ Fees for Bad Faith Denials
- Edward Sholinsky Honored with 2020 Earl G. Harrison Pro Bono Award
- What Businesses Need To Know About New Pennsylvania Law Authorizing Commerce Courts
- United States Patent and Trademark Office Fee Adjustments Effective January 2, 2021
- California Votes To Strengthen Consumer Privacy Laws
- Theresa Loscalzo Elected to the Board of Directors of The Forum of Executive Women
- Jurisdictional Issues that Can Cost Your Businesses: What In-house Counsel Need to Know
- Third Circuit Expands First Amendment Speech Protection for Students’ Off-Campus Speech
- Handling Contractual Disputes Linked to COVID-19
- U.S. Supreme Court Holds Discovery Rule Not Applicable to Fair Debt Collection Practices Act Cases
- Third Circuit: A business whose reason for existence is obtaining payment on debts is a debt collector under the FDCPA
- Free Expression Versus Reputation: The Supreme Court’s Weighing of Interests
- Theresa E. Loscalzo Receives Philadelphia Business Journal’s 2018 Woman of Distinction Award
- Call Me by Your Name – Or Risk an FDCPA Claim, Says Third Circuit
- Third Circuit: The CFPB may use a CID to obtain information about all aspects of a company’s business.
- The Third Circuit Holds that Highway Tolls are Not “Debts” Under the FDCPA
- The Third Circuit Holds that the FDCPA Applies to Debt Collectors that Are Collecting Debts They Own
- 2nd Cir: Debtor’s Failure to Contest Debt Does Not Insulate Debt Collector from Liability under FDCPA
- Edward Sholinsky and Jonathan Skowron Published “Viewpoint” Case Analysis in Pittsburgh Business Times
- All companies registered to do business in Pennsylvania are subject to the courts’ general jurisdiction
- 3rd Circuit Holds that Discovery Rule Does Not Apply to FDCPA’s One-Year Statute of Limitations, But Doctrine of Equitable Tolling Might Apply
- Theresa Loscalzo Presents “Success Begets Success: The Importance of Women Supporting Women”
- Theresa Loscalzo Elected to Schnader’s Executive Committee
- “Getting to Yes: Utilizing Reps and Warranties Insurance to Facilitate M&A Transactions”
- Edward Sholinsky Named Vice President of HIAS Pennsylvania Board of Directors
- SCOTUS Clarifies Who is a Debt Collector Under FDCPA
- Edward Sholinsky Named to Schnader Partnership
- Schnader a Tier One Firm in 2017 “Best Law Firms” Rankings
- Schnader Litigation Practices and Attorneys Recognized in the 2016 Benchmark Litigation Guide
- Media Law Resource Center 50-State Survey, Media Privacy and Related Law
- Schnader Recognized as Tier One Law Firm in 2015 “Best Law Firms” Rankings
- Schnader Litigation Practices and Attorneys Recognized in the 2015 Benchmark Litigation Guide
- Schnader Recognized as a Tier One Law Firm in the 2014 “Best Law Firms” Rankings
- Three Schnader Attorneys Named 2014 “Lawyers of the Year” by The Best Lawyers in America
- Thirty-One Schnader Attorneys Selected for The Best Lawyers in America 2014
- Did Hurricane Sandy Just Give You an Opportunity to Renegotiate Your Outsourcing Agreements?
- First Amendment Rights of Witnesses to Execution in PA Protected
- Schnader Recognized as a Tier One Law Firm in the 2013 “Best Law Firms” Rankings
- Schnader Attorneys Recognized as Members of the First Judicial District of Pennsylvania’s Pro Bono Roll of Honor
- Hyperlinks Not a Republication for Purposes of the Single Publication Rule, MediaLawLetter
- Thirty-Three Schnader Attorneys Selected for The Best Lawyers in America 2013
- The New Jersey Supreme Court Reaffirms Presumed Damages for Defamation, Limits Compensatory Damages
- Speak Freely and Breathe Easy: The Absolute Privilege in Judicial Proceedings
- Schnader Recognized as a Tier One Law Firm in the 2011-2012 “Best Law Firms” Rankings
- Schnader Proudly Sponsors the 32nd Annual Schnader Print Media Awards
- Legendary Lawyer Jerome J. Shestack Achieves a Posthumous Victory in the Case Brought Against CBS by the FCC for the 2004 Super Bowl Halftime Show
- Schnader Attorneys Noted in Law360 Article for Firm Client UPMC
- “Court Ruling Advances Trend on Medical Monitoring Class Actions”
- Sixty-Five Schnader Attorneys Rated AV® Preeminent™ by Martindale-Hubbell®
- Thirty Schnader Attorneys Recognized as “The Best Lawyers in America” for 2012
- Stephen Shapiro Offers Comment as Part of a News Report on Philadelphia’s “Naked Bike Ride”
- Schnader Recognized as a Tier One Law Firm in the First Annual Best Lawyers-U.S.News & World Report Law Firm Rankings
- Thirty-Two Schnader Attorneys Recognized as “Best Lawyers in America” for 2011
- Today, Everyone is a Publisher
- Many Schnader Attorneys are 2007 Super Lawyers, 2008 Best Lawyers
- Twenty-Four from Schnader in Best Lawyers in America 2008
- Twenty-Six Schnader Attorneys Named 2007 Pennsylvania Super Lawyers
- Blocking Access to the Information Super Highway – Regulating the Internet Out of the Reach of Low-Income Americans, Rutgers Law Journal
- Third Circuit Appellate Practice Manual
- Thirty-Two Schnader Attorneys Honored as ‘Pennsylvania Super Lawyers’
- Schnader Attorneys Feted as Super Lawyers
- “Third Circuit Again Strikes Down COPA as Unconstitutional”
- “Federal Appellate Procedure – Third Circuit”
- Schnader Lawyers Noted as ‘Pennsylvania Super Lawyers’ in 19 Categories