Public Relations Firms File First-Amendment Challenge to New State Lobbying Rules

Five bi-partisan, high-profile public relations firms, represented by Emery Celli Brinckerhoff & Abady and the Center for Competitive Politics, filed a federal lawsuit to block a new rule adopted by the New York’s State Joint Commission on Public Ethics.  Under the new rule, every time the public relations firms speak with an editorial board, reporter or other member of the media about any pending, proposed, or ongoing legislation or other government action, they would be required to register with the state and disclose the subject of their communications and extensive details about their businesses and their clients.   The rule is unprecedented and unworkable in its expansiveness and, as the plaintiffs’ brief says, “directly inhibits and chills the rights of public relations firms and their clients to participate in discussions of public matters with and in the press, to serve as anonymous sources to the press, and to exercise their core speech and associational rights free from government inspection or the threat of prosecution or sanction.”

The public relations firms–The November Group, Inc., BerlinRosen Public Affairs Ltd, Anat Gerstein, Inc., Risa Heller Communications LLC, and Mercury Public Affairs–are represented by ECBA attorneys Andrew G. Celli, Jr., Ilann M. Maazel, and Hayley Horowitz, and by CCP Attorney Allen Dickerson. The New York Times, the Wall Street Journal, the New York Post, and the New York Daily News have all covered the lawsuit.

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