Emery Celli Brinckerhoff & Abady LLP
 
Free Speech/First Amendment

The Firm enjoys a national reputation for its First Amendment practice. We have litigated First Amendment cases of all stripes: retaliation cases on behalf of government employees and contractors, ballot access election cases on behalf of voters and candidates, public access cases on behalf of citizens seeking to exercise their right to protest and petition government, commercial speech cases, and freedom of religion cases, among others.

  • The Firm's successful representation (along with the Brennan Center) of Steve Forbes and John McCain permitted both candidates to overcome unduly burdensome ballot access laws and secure a place on the ballot in the New York Republican Presidential primaries in 1996 and 2000.

  • In Housing Works, Inc. v. City of New York, the Firm obtained a preliminary injunction resulting in the recovery of over $3 million in funding. We continue to represent Housing Works, a leading AIDS housing organization, in similar cases challenging New York City's retaliation against Housing Works for its aggressive criticism of the previous Mayor.

  • The Firm obtained a settlement of over $1.2 million for the plaintiff in Marsh v. Safir, a civil rights action brought by a former Deputy Commissioner for Equal Employment Opportunity of the New York Police Department who was terminated after she refused to cover up serious misconduct by senior department officials.

  • In a case of first impression, Gasparo v. City of New York, the Firm successfully established the principle that First Amendment protections apply to regulatory schemes aimed at newsstands on public property. Today the Firm is again representing newsdealers in a bid to prevent New York City from imposing mandatory advertising on their newsstands.

  • In Lark v. Lacy, the Firm successfully represented a church and its members against the State University of New York, which had discriminated against them for proselytizing and holding religious services on campus.

  • In Hagemann v. City of New York, the Firm obtained a $500,000 settlement on behalf of a New York City employee who was fired after speaking out against perceived racism in the office.

  • In East Timor Action Network v. City of New York, the Firm obtained an injunction directing the City of New York to grant our client’s application for temporary street signs bearing a political message.

  • In Correctional Association of New York v. Goord, the Firm represented the Correctional Association of New York in a First Amendment retaliation case against the Commissioner of the New York State Department of Correctional Services. This federal litigation involved allegations that Commissioner Goord restricted the Correctional Association’s ability to visit and report on prisons in retaliation for a thoroughly documented and highly critical report on conditions in the State’s prisons.