Alia L. Smith

Of Counsel She / Her / Hers

Washington, DC

Tel 202.508.1125
Fax 202.661.2299

Alia L. Smith's practice focuses on working with media organizations, entertainment companies, public interest groups, and others engaged in public advocacy and speech.

Alia regularly defends clients in state and federal courts in connection with defamation, privacy, and other claims targeting their speech. She represents publishers in their efforts to obtain access to records (including under the Freedom of Information Act) and to resist subpoenas for their newsgathering materials. And she provides counseling and pre-publication advice on risk management, copyright concerns, and other issues to numerous publications of all sizes, from national newspapers to regional broadcasters, to start-up websites, to freelancers. In addition, Alia speaks frequently on media law topics to lawyers, journalists, and students.

Services

Experience

Representative Matters

Obtained, on behalf The Brennan Center and Data for Black Lives, more than 160,000 records from the D.C. Police, which shed light on how the police keep tabs on citizens, including those engaged in lawful protest activity, through the monitoring of social media accounts.
Represents Newsday in FOIL litigation brought against the Nassau County (NY) police department for release of police disciplinary records. New York’s Appellate Division, Second Department, held that records related to unsubstantiated allegations of misconduct were not categorically exempt from disclosure. Newsday LLC v. Nassau County Police Dep’t, 222 A.D.3d 85 (2d Dep’t 2023).
Successfully defended American University and its publication Current in connection with defamation and other claims arising from speech about a newsroom manager’s workplace behavior. The D.C. Court of Appeals affirmed the lower courts’ dismissals in full under the D.C. Anti-SLAPP Act and upheld an award of attorneys’ fees to American. Berry v. Am. Univ., 2024 D.C. App. LEXIS 50 (D.C. Feb. 13, 2024).
Represented The American Prospect in defamation litigation over its reporting on nursing homes in an article entitled “The Nursing Home Slumlord Manifesto.” On the Prospect’s motion to dismiss, the Eastern District of New York held that the challenged statements—concerning the poor quality of some of the plaintiff’s nursing homes and alleged financial and other improprieties—were fair reports under N.Y. Civil Rights Law § 74, were substantially true, or were non-actionable opinions. Landa v. The American Prospect, 2023 U.S. Dist. LEXIS 143326.

Represented a Better Business Bureau affiliate in defamation lawsuit brought by service provider. The Georgia Superior Court granted the BBB’s anti-SLAPP motion, emphasizing that the anti-SLAPP law “is meant to be a significant tool to root out non-meritorious cases aimed at speech at the outset.”
Represented The E.W. Scripps Company in FOIL litigation against the NYPD, leading to the release of data about how the department compiles crime statistics and clearance rates. The resulting reporting by Scripps prompted the Mayor’s Office to change its public crime reporting system to be more accurate and transparent.
Represented Berlitz Languages, Inc. in defamation litigation brought by former student and government official. The D.C. Superior Court granted Berlitz’s Anti-SLAPP motion pursuant to the common interest privilege.
Represented a coalition of news and media organizations in their amicus effort in Verity v. USA Today in the Supreme Court of Idaho. In its opinion, the Court largely adopted the “rigorous” test for implied libel urged by amici.
Represented the Empire Center for Public Policy in a matter brought under New York’s Freedom of Information Law seeking to compel disclosure of certain information about pensions paid to retired public employees. In a unanimous decision, the New York Court of Appeals, the state’s highest court, held that public pension funds must disclose the names of retirees who draw benefits.
Represented the production company Day Old Teeth and producer Mike Cahill, creators of the MTV reality show True Life, in a case arising from the plaintiff’s participation in an episode of the show titled “I’m a Chubby Chaser.” A Manhattan state court rejected the plaintiff’s breach of contract, fraud, and other tort claims, ruling that those claims were barred by a release the plaintiff had signed and later alleged had been fraudulently obtained.
Successfully defended Washington City Paper in a defamation action filed by Washington Redskins owner Daniel Snyder over a profile titled “The Cranky Redskins Fan’s Guide to Dan Snyder.” After City Paper filed its motion to dismiss invoking the District of Columbia’s then-brand new anti-SLAPP statute, Snyder voluntarily dismissed his lawsuit.
Represented Newsday in its successful defense of a libel suit by a former assistant superintendent of a local school district. The court granted Newsday’s motion for summary judgment, finding that the plaintiff was both a public official and an involuntary public figure who could not prove actual malice.

Professional Highlights

Judicial Clerkship

Hon. David A. Ezra of the U.S. District Court for the District of Hawaii

Professional Activities

ABA Forum on Communications Law

ABA Women in Communications Law Committee

District of Columbia Bar Association, Media Law Committee

New York City Bar Association, Communications and Media Law Committee, past Secretary

Recognition & Accomplishments

Chambers USA, Media & Entertainment (District of Columbia), 2024

Speaking Engagements

Update on Section 50-a Repeal, New York State Bar Association, Committee on Media Law, September 21, 2023

"Hot Topics in Media Law," Media Fest '22, October 27, 2022

"How To: Not Get Sued," News Leaders Association Conference, October 7, 2021

Publications

"Court Orders D.C. Police to Produce Thousands of Records About Monitoring Citizens’ Social Media Accounts," Media Law Resource Center, July 2024

"D.C. Court Affirms Anti-SLAPP Dismissal, and Attorneys' Fees, in Case About Newsroom Manager's Workplace Conduct," Media Law Resource Center, March 2024

"'Unsubstantiated' Complaints About Police Are Not Categorically Exempt from FOIL Disclosure," Media Law Resource Center, November 2023

"Article Tying Nursing Home Magnate to Human Trafficking, Medicaid Fraud & Elder Abuse Protected As Fair Report, True, and Opinion," Media Law Resource Center, August 2023

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Credentials

Education

George Washington University Law School (J.D. 2000, with high honors)
Senior Projects Editor, The George Washington Law Review

Order of the Coif

Moot Court Board

University of North Carolina at Chapel Hill (B.A. Journalism 1996)

Admissions

New York

District of Columbia

Virginia

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the District of Columbia Circuit

U.S. District Court for the District of Columbia

U.S. District Courts for the Southern, Eastern, and Western Districts of New York