Ashley I. Kissinger

Of Counsel She / Her / Hers

Boulder

Tel 303.376.2407
Fax 303.296.3956

Denver

Tel 303.376.2407
Fax 303.296.3956

Ashley Kissinger has represented media and entertainment clients in First Amendment and related matters for 25 years. Ashley collaborates with her clients to reduce legal risk, defend complex cases, access court proceedings and government information, and fight government censorship. She conducts pre-publication review, vetting, and clearance for newspapers, broadcasters, magazines, film producers, and streaming platforms. She defends her clients when they receive subpoenas for sources and other information protected by the reporter’s privilege. Licensed in numerous state and federal courts, Ashley is sought out to defend complex defamation, privacy, right-of-publicity, and copyright infringement cases nationwide. Clients have also turned to Ashley for in-house assistance. In 2021, she spent eight months working with NBCUniversal’s litigation department, where she worked with the company’s news, advertising, and sports counsel on a variety of complex issues.

Ashley’s work has established important precedents around the country. She obtained a ruling from the Nevada Supreme Court holding that law enforcement may not search a murdered journalist’s electronic devices. She set new precedent under Colorado’s anti-SLAPP statute protecting online consumer reviewers. She obtained a ruling from the Fourth Circuit establishing that government officials cannot retaliate and suppress speech while off duty when they are motivated by speech about them in their official capacities. She obtained a rare declaratory judgment in California under the SPEECH Act, a federal statute protecting the press from foreign libel judgments. And she obtained a court order requiring a state senator to stop blocking a constituent on social media.

Services

Experience

Representative Matters

Las Vegas Review-Journal, Inc., et al. v. The State of Nevada, et al., No. A-22-859361-C (Eighth Jud. Dist. Ct.). Obtained a precedent-setting opinion from the Nevada Supreme Court prohibiting law enforcement from searching the cell phone and computers of the Las Vegas Review-Journal’s lead investigative news reporter, who is believed to have been murdered by a subject of his news stories. Police seized the devices, which contain source and other newsgathering information that is protected by the reporter’s privilege, including information about confidential law enforcement sources
Batis v. Dun & Bradstreet Holdings, Inc., No. 23-15260 (9th Cir.) and DeBose v. Dun & Bradstreet Holdings, Inc., No. 2:22-cv-00209-ES-JRA (D.N.J.). Representing D&B in two right of publicity class actions challenging D&B’s inclusion of professionals’ business information in the free trial for D&B Hoovers, a business and industry database
RE Carroll Management Co., et al. v. Dun & Bradstreet, Inc., et al., No. 1:23-cv-483 (M.D.N.C. 2023). Obtained dismissal of a multi-count defamation and deceptive trade practices case brought by a family of North Carolina real estate companies against Dun & Bradstreet, one of the nation’s oldest commercial credit reporting and data analytics companies

Creekside Endodontics v. Sullivan, No. 21CA1615 (Colo. App.). Obtained precedential decision under Colorado’s new anti-SLAPP statute upholding the free speech rights of consumer reviewers who honestly post about their experiences with licensed professionals
Garcia Torres v. City of Scranton, PA (pre-suit settlement 2021). With the ACLU, successfully represented restaurant owner in challenging citation for violating sign ordinance. The City reversed the citation and amended its sign ordinance to remove provision banning signs "that an average reasonable person would find highly offensive to public decency"
Donald J . Trump for President, Inc. v. Northland TV, LLC, No. 20-cv-385-wmc (W.D. Wis.). Successfully defended Wisconsin television station in defamation suit brought by President Trump’s campaign after station aired political ad criticizing Trump’s handling of coronavirus pandemic.
Landman v. Scott, No. 1:19-cv-01367-REB-STV (D. Colo. 2019). With the ACLU, successfully represented constituent in First Amendment civil rights action against state senator who had blocked her from commenting on his social media pages. The senator agreed to unblock the constituent and pay $25,000 in attorney’s fees, and agreed to entry of a court order reciting the outcome of social media blocking cases nationwide
Nichols v. Mincks, No. 18 OT 61 (Ohio Ct. Comm. Pleas, Washington Cty. 2019). Obtained summary judgment in defamation action arising from television station’s broadcast of news report identifying plaintiff as a rape suspect
Cooper v. WOWT-TV Channel 6 Gray Television Group Inc., No. CI-18-2674 (Neb. Dist. Ct., Douglas Cty. 2018). Obtained dismissal of defamation action arising from televised news reports concerning misdemeanor charge arising from a dispute over a parking ticket
Elec. Frontier Found. v. Global Entity Mgmt. (SA), Pty Ltd, 290 F. Supp. 3d 923 (N.D. Cal. 2017). Obtained a declaratory judgment for digital rights leader EFF under the SPEECH Act, a federal statute enacted in 2010 to combat "libel tourism." The court held that an Australian defamation injunction attempting to censor EFF’s "Stupid Patent of the Month" column was repugnant to U.S. law and public policy
People v. Collins, No. 16CR1882 (Colo. Dist. Ct., Boulder Cty. 2016). Successfully challenged, on behalf of the Boulder Daily Camera, a motion to seal the case file of a juvenile defendant charged as an adult with attempted murder. The court’s ruling recognized, as a matter of first impression in Colorado, a First Amendment right to access court records filed in criminal proceedings, even in cases involving juvenile defendants. Ashley also persuaded the court to vacate an unconstitutional prior restraint order it had entered earlier in the case that would have forbidden the newspaper from publishing information contained in an arrest warrant affidavit
Dan Larscheid, D.D.S. v. Scripps Media, Inc. d/b/a/ KMGH-TV, No. 13-CV-33746 (Colo. Dist. Ct., Denver Cty. 2014). Successfully defended television station in a defamation action arising from an investigative news report. The court granted the station's motion to dismiss and awarded its attorneys' fees
Hupp v. Freedom Communications, 221 Cal. App. 4th 398 (4th Dist. 2013). Successfully defended the Orange County Register against breach of contract and invasion of privacy claims based on the newspaper's refusal to remove reader comments posted on its website. The trial court's dismissal of the suit under California’s anti-SLAPP statute was upheld on appeal and the court awarded the paper its attorneys' fees
Webb v. CBS Broadcasting Inc., 2011 WL 4062488 (N.D. Ill. 2011). Successfully defended Chicago television station WBBM-TV against claims that it invaded plaintiffs' privacy and caused emotional distress by filming them in the backyard of a home in connection with a CBS news report. The case stands as a significant precedent vindicating the news media's right to photograph persons and activities in "plain view" from a public street
Rossignol v. Voorhaar, 316 F.3d 516 (4th Cir. 2003). Successfully represented Maryland newspaper publisher in civil rights action against government officials, securing a landmark ruling that the defendants' off-duty mass purchase of newspapers on the eve of an election, to suppress the newspaper’s contents and retaliate against the publisher, violated the publisher’s First Amendment rights. The officials paid the publisher close to a half million dollars in settlement of the action

Professional Highlights

Judicial Clerkships

Hon. Sam Sparks of the U.S. District Court for the Western District of Texas, 1995-1997

Professional Activities

Co-Chair, Legal Frontiers in Digital Media Conference 2020 & 2021, San Francisco, Media Law Resource Center

Member, Journalism Funding Partners Board of Directors

Past Co-Chair, ABA First Amendment and Media Litigation Committee

Recognition & Accomplishments

Journalism Funding Partners, Recipient of nonprofit journalism funding organization's inaugural First Amendment Award, 2023

The Best Lawyers in America, Litigation - First Amendment, 2020-2025, First Amendment Law, 2023-2025, Media Law, 2023-2025

5280 Top Lawyer in Media/First Amendment law, 2015-2020, 2022-2024

Law Week Colorado, People's Choice for Best Communications/Media Law Attorney, 2015

Recognized individually by The Legal 500 US as part of the nation's top-ranked First Amendment law practice, with clients describing her as "intellectually keen" and "a pleasure to work with."

Speaking Engagements

"Examining Press Freedom: Are Reporters’ Legal Protections at Risk?", First Amendment Forum, Reynolds School of Journalism, February 26, 2024

"Providing Security to Journalists," Ballard Spahr Webinar, December 8, 2020

"Subpoenas and Shield Laws," Media Law Conference, Media Law Resource Center, October 1, 2020

"Protecting Anonymous Online Speech," Media Law Resource Center, Digital Law Conference, San Francisco, May 21, 2019

"Litigating Online Speech Cases: Perspectives from Both Sides of the Bar," Colorado Women's Bar Association Annual Convention, May 18, 2019

"We Wish We Hadn’t Posted That! Legal Risks Associated with Your Public-Facing Communications,” Association of Corporate Counsel – Colorado Chapter, November 29, 2018

"Help Your Business Clients Reduce Risk from Social Media Posts and Other Communications," Colorado Bar Association – Business Law Institute, Denver, September 12, 2018

"How to Keep Your Clients (and Yourself!) From Getting Sued for Defamation," Colorado Bar Association, Englewood, Colorado, April 5, 2018

"Hold the Presses? But I Thought the Student Press was 'Independent'!" National Association of College and University Attorneys, Washington, D.C., February 1, 2018

"Corporate Communications: The Legal Minefields and How to Avoid Them," Boulder County Bar Association, Boulder, Colorado, June 14, 2017

"Privacy and the Media," University of Colorado Law School (Guest Lecturer), Boulder, Colorado, September 8, 2016

"The Hottest Ethical Issues: Native Advertising, Virtual Reality, and 360 Video," Media Financial Management Association 56th Annual Conference, Denver, Colorado, May 25, 2016

"Investigative Journalism: What are the Legal and Ethical Boundaries?" Media Financial Management Association 53rd Annual Conference, New Orleans, Louisiana, May 21, 2013

"Ethics in Media: What Risks Arise When Journalists Use Social Media?" Media Financial Management Association 52nd Annual Conference, Las Vegas, Nevada, May 22, 2012

"Legal Risks Online," Colorado Broadcasters Association, Denver, Colorado, March 2, 2012

"Unmasking John Doe: The Law Governing Subpoenas for Anonymous Online Speakers," Denver Internet Lawyers Working Group, Denver, Colorado, March 3, 2011

"The More Things Change, the More They Stay the Same? Protection for Defamatory, Offensive and Anonymous Speech in the Analog and Digital Eras," ABA Forum on Communications Law 16th Annual Conference, Rancho Mirage, California, February 4, 2011

"Yemeni Journalist Syndicate Working Sessions," International Research and Exchanges Board Inc. (IREX), Amman, Jordan, May 24-27, 2009

"Navigating Your Way Through Legal Issues on the Web," Radio-Television News Directors Association, Las Vegas, Nevada, April 2009

"Rights of Protestors, Demonstrators and the Press," presentation for Denver-area law enforcement agencies in connection with the Democratic National Convention, Denver, Colorado, June 13, 2008

"Media Law in the Gulf: Judiciary and Freedom of Press Workshop," International Research and Exchanges Board Inc. (IREX), Kuwait City, Kuwait, June 9-10, 2007

"International Freedom of Expression Law," training for Kuwaiti journalists, editors, lawyers, and government officials hosted by Kuwait Journalists Association (on a grant from Middle East Partnership Initiative, U.S. Department of State), June 4-6, 2007, Kuwait City, Kuwait

"Media Laws in the Arabian Gulf and Yemen: Opportunities and Challenges," International Research and Exchanges Board Inc. (IREX), Amman, Jordan, December 7-8, 2006

Publications

"Anonymous Online Speech," Communications Law in the Digital Age, Practising Law Institute, 2009-2022

"The Truth About Fake News," The Financial Manager, May/June 2017

"The Internet: Anonymous Speakers to the Single-Publication Rule," Newsletter of the ABA Litigation Section’s First Amendment and Media Litigation Committee, Winter 2011

Related Insights

Credentials

Education

University of Texas School of Law (J.D. 1995, with honors)

Associate Editor, Texas Law Review

Stanford University (A.B. 1990)

Admissions

California

Colorado

District of Columbia

New York

Texas

U.S. Supreme Court

U.S. Courts of Appeals for the Fourth, Fifth, Ninth, Tenth, and District of Columbia Circuits

U.S. District Court for the District of Colorado

U.S. District Courts for the Central and Northern Districts of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Courts for the Northern and Western Districts of Texas