Media Law

For decades, Pashman Stein Walder Hayden P.C.’s team of media lawyers have stood at the center of New Jersey's most consequential media law and First Amendment battles — shaping the law that governs what the public is entitled to know and what the press is entitled to report. With a reputation as one of the leading Media Law departments in the state, our First Amendment practice was ranked in Tier 1 in New Jersey in the 2026 edition of Best Lawyers® Best Law Firms.

Our dedicated Media Law team represents a wide spectrum of clients involved in the gathering, production, publication, and distribution of news and information, including newspapers, online news publishers, journalists, photojournalists, broadcasters, documentary filmmakers, academic and research journals, citizen journalists, bloggers, nonprofit organizations, and industry associations amongst others.

Members of our Media Law team currently serve as General Counsel to the New Jersey Press Association, as outside counsel to the Society of Professional Journalists (New Jersey Chapter), and as outside counsel to dozens of national and New Jersey newspapers and online publications.  Our attorneys have previously served as chief legal counsel or outside counsel to media organizations or worked as news reporters. Members of the practice currently teach at Yale Law School’s Media Law and Information Access law clinic and previously taught at Rutgers Law School. Our attorneys regularly speak on media law issues at conferences and continuing legal education programs.

Our attorneys don't just track developments in media law — they have driven them. Our team has argued dozens of precedential cases before the New Jersey Supreme Court and Appellate Division, and federal courts, including cases that:

• Expanded public access to law enforcement records — from internal affairs reports and body-worn camera footage to use-of-force reports and the identities of officers involved in deadly shootings — in cases such as States Newsroom Inc. v. City of Jersey City (2025), Fuster v. Township of Chatham (2025), Rivera v. Union County Prosecutor's Office (2022), Libertarians for Transparent Government v. Cumberland County (2022), In re Attorney General Law Enforcement Directive Nos. 2020-5 & 2020-6 (2021 and 2020), Digital First Media v. Ewing Township (2020), Paff v. Ocean County Prosecutor’s Office (2018), North Jersey Media Group Inc. v. Township of Lyndhurst (2017), Gannett v. Satellite Information Network v. Township of Neptune (2021), Wronko v. N.J.S.P.A (2018), and O’Shea v. Township of West Milford (2009)
• Secured the public’s right to access a variety of other government records under the Open Public Records Act, in cases such as Rosetti v. Ramapo-Indian Hills Regional High School (2026), Bozzi v. City of Jersey City (2021), Brennan v. Bergen County Prosecutor’s Office (2018), In re Adoption of N.J.A.C. 5:105-1.6(a)(1) (2024), Scheeler v. Atlantic County Municipal Joint Insurance Fund (2018), Scheeler v. Office of the Governor (2017)*, and Golden v. NJIT (3^rd 2019)*
• Developed the Uniform Public Expression and Protection Act—New Jersey’s “anti-SLAPP” law—including Lento Law Group PC v. Hendrickson (2026), Holtec Int’l v. Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins (2026), Surdoval v. Surdoval (2026) (not precedential), and Milton v. CNBC LLC (2025)(not precedential)
• Shaped the modern law of defamation and privacy, from cases involving unique statute of limitations issues to expanding the defenses available to both media defendants and the public, in cases such as Chipola v. Flannery (2025), Petro-Lubricant Testing Labs, Inc. v. Adelman (2018), Nuwave Inv. Corp v. Hyman Beck & Co, Inc. (2015)*, Durando v. Nutley Sun (2012)*, W.J.A. v. D.A. (2012)*,  G.D. v. Kenny (2011)*, Durando v. Nutley Sun (2012)*, Salzano v. North Jersey Media Group Inc. (2010)*,  Herman v. Muhammad (2024)
• Protected the sanctity of the Newsperson’s Privilege/Shield Law in In Re Venezia (2007)* and determination of who is a journalist protected under the law in Too Much Media v. Hale (2012)*, and In re January 11, 2013 Subpoena by Grand Jury of Union County (2013)*
• Secured the public’s right to judicial proceedings and court records, in Lederman v. Prudential Life Ins. Co of America, Inc. (2006)* and Charlie H. v. Whitman (2003)*

We counsel and represent media clients in matters involving:

First Amendment and Newsgathering Protections 

• First Amendment litigation and counseling 

• Opposition to prior restraints and gag orders 

• Censorship and content regulation 

• Protection under federal and state shield laws 

• Civil, criminal, and grand jury subpoenas directed to journalists and news organizations 

• Motions to quash subpoenas seeking testimony, sources, or newsgathering materials 

• Search warrants directed to journalists and news organizations 

• Newsgathering torts 

• Social media and emerging newsgathering technologies, including the use of drones 

• State and federal legislation affecting the media and newsgathering 
• Appellate and amicus representation in matters involving media law, freedom of speech, and the public’s right to know 

Publication, Content, and Reputation Matters 

• Defamation, libel, and slander 

• Trade libel 

• Privacy and other publication-related claims 
• First Amendment retaliation and due process claims

• Claims arising from statements published on social media and websites 

• Anti-SLAPP motions and litigation 

• Fair report privilege 

• Actual malice and presumed damages issues 

• Pre-publication and pre-broadcast review and counseling 

• Investigative reporting review 

• Responses to demands for retraction or correction 

• Copyright infringement and the unauthorized use of photographs and other content 

• Advertising law and commercial speech 
• Data privacy and internet issues affecting newsgathering and publication 

Media Business and Operations

• Outside general counsel services for media organizations and industry associations 

• Licensing agreements and publishing contracts 

• Content-sharing arrangements 

• Acquisitions and sales of publications 

• Corporate governance and operational counseling 
• Advice concerning online, broadcast, print, and nonprofit news operations 
• Copyright licensing, assignments and fair-use analysis 

Public Access and Government Transparency 

• Access to public and government records 

• New Jersey Open Public Records Act (OPRA) matters 

• Freedom of Information Act (FOIA) matters 

• Open Public Meetings Act (OPMA) matters 

• Access to court records, including access to sealed documents 

• Access to court proceedings, including access to closed courtrooms

• Access to law enforcement records, including internal affairs and misconduct files, body-worn and dashboard camera footage, use-of-force reports, and emergency call recordings 

• Litigation involving government settlements, public debts, and other records concerning the expenditure or disposition of public funds 

• Applications for attorneys’ fees arising from the improper denial of access to public records 

*Matters were handled by attorneys prior to their joining Pashman Stein Walder Hayden P.C.

Our firm is proud of the results it has achieved for clients, some of which are noted here.  Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters. 

The 2026 edition of Best Law Firms is published by BL Rankings, LLC. A description of the selection methodology can be found at https://www.bestlawfirms.com/methodology. 

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Blogs:
NJ OPRA Blog

Professionals

Representative Matters

News

Events

Publications

Blog Posts