First Amendment Clinic

Legal Clinics

SMU Dedman School of Law’s First Amendment Clinic provides assistance to clients defending and advancing the rights of free press, free speech, petition, and assembly in the following types of cases and matters, among others: defamation defense; Texas Citizens Participation Act proceedings (anti-SLAPP); claims defending/advancing the rights of petition or assembly, including use of social media; motions to obtain access to court records and courtroom proceedings; challenges to gag orders in criminal and civil cases; motions to quash subpoenas to journalists; pre-publication review of news articles; amicus briefs; legislative issues; and requests for government records under state and federal records laws.

Application for Legal Assistance

SMU Dedman School of Law's First Amendment Clinic opened in Fall 2020, thanks to a generous gift of $900,000 from the Stanton Foundation. The Clinic focuses on First Amendment issues including free speech, freedom of the press, and freedom of assembly and petition. This funding covers the core operating expenses of the Clinic for five years.

The Stanton Foundation was created by Dr. Frank Stanton, the long-time president of CBS and one of the founding fathers of the television industry. Dr. Stanton was a fierce defender of freedom of speech and the First Amendment and received numerous awards in recognition of his efforts to ensure the freedom of the press.

“The Stanton Foundation is very pleased that SMU has accepted this gift. We believe that freedom of expression and the First Amendment must be protected by enhancing law students’ understanding of the First Amendment and providing a resource for organizations, students, journalists, and citizens defending their First Amendment rights. Equally important, we are confident that as graduates, SMU lawyers will exercise leadership in the support of First Amendment values in their communities, the state of Texas, and throughout the country.” said David Johnson, spokesman for the Foundation.

Speech

Rusanowsky v. City of Dallas is a Section 1983 case brought by a photojournalist for wrongful arrest and First Amendment retaliation during the George Floyd protests.
Monacelli v. City of Dallas is also a Section 1983 case brought by a photojournalist for wrongful detention during the George Floyd protests.
Waggoner v. City of Dallas is a First Amendment challenge by homeless individuals, an academic researcher, and a community organizer to an ordinance prohibiting standing or walking on medians less than six feet wide or in clear zones
adjacent to the street.
Johnson v. Town of Prosper is a First Amendment retaliation and wrongful arrest case brought by a citizen who used a pseudonym to request information under the Texas Public Information Act.
Jon Hohman involved writing a letter demanding that a City Councilman unblock our client from his official social media account.
Human Rights Defense Center – Grayson County involves pre-filing work to investigate and research a challenge to the Grayson County Jail’s “no book” policy.
Dallas Express v. Dallas Weekly is a defamation case in which we represent the defendant Black-owned weekly and its reporter.
McQuilliams v. Goodboy Public Relations, LLC is a now-settled defamation case involving a protest against alleged sexual harassment claims being made against a local drive-in chain.
Coleman v. Polk County Publishing Company is a defamation case, argued last month in the Texas Supreme Court, brought by a local assistant district attorney over an Page 6 of 11 article that raised questions about his actions in his official capacity.
Oyenuga v. Sahara Reporters is a now-dismissed defamation case brought by a Nigerian-American pharmacist over three articles detailing his former business partners’ allegations of fraud against him.
The Marshall Project Defamation Threat – CrimeStoppers of Houston, Inc. sent a retraction demand over an article co-reported by the Marshall Project and The New
York Times about Crime Stoppers’ financial condition and political activism, but never filed suit.
Dave Hendricks Defamation Threat – A city and several former and current city officials sent a retraction demand to Dave Hendricks and the Progress Times over an article detailing the allegations in a wrongful termination suit, but no lawsuit has been filed.
Texas Public Radio Defamation Threat – A foster care contractor sent a retraction demand to Texas Public Radio concerning an article about the contractor’s suspension by the State after multiple investigations and negative findings, but no lawsuit has been filed.
Villarreal v. City of Laredo (amicus brief) – For the Fifth Circuit en banc proceeding, we filed an amicus brief focusing on whether the required chilling effect to establish a First
Amendment retaliation claim is objective or subjective (which is currently the subject of a circuit split).
Netflix v. Babin (amicus brief) – We filed a Fifth Circuit brief supporting Netflix’s preliminary injunction against the continued state court prosecution for its distribution of the movie “Cuties.”
Sealed Appellant v. Sealed Intervenor (amicus brief) – We filed a Fifth Circuit brief supporting Professor Volokh’s motion to unseal a civil case file.
Henderson v. State (amicus brief) – We will soon file an amicus brief arguing that there was insufficient proof of mens rea to convict three Black Lives Matters protesters of
obstructing a public passageway.
NetChoice v. Paxton (amicus brief) – We have supported the Electronic Frontier Foundation and other First Amendment and tech non-profits in filing multiple amicus
Page 7 of 11 briefs challenging Texas’s social media law and will soon begin collaboration on another amicus brief since the United States Supreme Court just granted certiorari in the case.
Van Loon v. Department of Treasury (amicus brief) – We were Texas counsel for the Electronic Frontier Foundation in filing an amicus brief challenging the Treasury Department’s placement of open-source software developer Tornado Cash on the Specially Designated Nationals and Blocked Persons list.

Assembly

McQuilliams – see speech tab

Henderson v. State – see speech tab

Petition

Leo Johnson – see speech tab
Jon Hohman – see speech tab
Henderson v. State – see speech tab

Co-counsel in select cases:

Ellwanger Law

Co-operating Law School Clinics:

Arizona State University
Case Western
Columbia Health, Science, and Information Clinic
Cornell
Duke
George Mason
The University of Texas Law and Religion Clinic
University of Georgia
University of Illinois
University of Nebraska
Tulane
Vanderbilt
Washington University in St. Louis
Yale Media, Freedom of Information, and Access Clinic

Co-operating Organizations:

Houston Chronicle, quoted in AI bot scooped story on a politician’s affair, but does it have the right to free speech? (July 2025)

US Law Week, quoted in Judge Agrees to Unseal Planned Parenthood False Claims Ruling (June 2025)

The Texas Lawbook, quoted in Texas Law Professors Join Amicus Brief in Support of Perkins Coie Challenge to Trump Executive Order (April 2025)

The Texas Lawbook, quoted in 27 Texas Law Professors Sign Amicus for Susman Godfrey (April 2025)

Dedman School of Law, mentioned in website story Professor Tom Leatherbury Honored with 2025 ADL Jurisprudence Award (April 2025)

US District Court for the District of Columbia, BRIEF OF AMICI CURIAE 363 LAW PROFESSORS IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND FOR DECLARATORY AND PERMANENT INJUNCTIVE RELIEF (April 2025)

Teen Vogue, quoted in School Surveillance Systems Threaten Student Privacy, New Knight Institute Lawsuit Alleges (April 2025)

The Texas Lawbook, quoted in Anti-SLAPP Law’s Automatic Stay Under Fire at Capitol (March 2025)

Texas Monthly, quoted in DOGE Has Reinvigorated the Right-Wing Crusade Against Texas Media (March 2025)

SMU Law Review, Press Freedoms Under Pressure: Clinical Perspectives on the State of Press Freedoms in Texas in 2024 (2024)

The Texas Lawbook, quoted in SLAPP law’s stay provision targeted (March 2025)

The Texas Lawbook, quoted in O’Melveny, SMU Law Clinic Secure Pro Bono Win for Permanent Injunction Over Jail’s Mail Policy (March 2025)

George W. Bush Presidential Center, Mississippi case highlights challenges for local journalism (March 2025)

Artnet, quoted in Sally Mann Photos Reportedly Seized From Texas Museum Exhibition (January 2025)

KERA News, quoted in Photos removed from Fort Worth museum as police investigate child pornography allegations (January 2025)

The Texas Lawbook, quoted in Lawsuit Alleges North Texas Jail’s Book, Magazine Bans Violate Free Speech, Due Process Rights (January 2025)

Fort Worth Report, quoted in Photos removed from Fort Worth museum as police investigate child pornography allegations (January 2025)

Law360, quoted in Texas Porn Law Unlikely to Alter Justices’ Free Speech Views (January 2025)

The Dallas Express, quoted in Local Media Defends Nude Child Photos (January 2025)

Glasstire, The Modern Releases Statement Regarding Removed Sally Mann Photographs in Fort Worth (January 2025)

Law360, quoted in Judge Dismisses Suit Alleging Collusion In 'Texit' Case (November 2024)

Houston Chronicle, quoted in Texas AG Paxton still withholding communications from Jan. 6, watchdog group says (November 2024)

KERA News, quoted in Texas lawmakers set to take up fight over Ten Commandments in public schools (November 2024)

Austin American-Statesman, quoted in Travis County judges, officials get $500K in security funds as DA José Garza faces battles (November 2024)

AEIdeas, quoted in The Supreme Court Misses a Chance to Clarify Press Freedom for Gathering News via New Technologies (November 2024)

KVUE, quoted in Travis County creates $500K home security fund for elected officials (November 2024)

The Texan, quoted in Texas House Committee Holds Interim Hearing On Reforming Anti-SLAPP Law (October 2024)

Austin American-Statesman, quoted in 5 transparency experts say Texas AG Ken Paxton's suit over DA Garza security has merit (October 2024)

Columbia Law School, quoted in Clinic Succeeds in Pushing FDA on Clinical Trial Transparency (September 2024)

Dedman School of Law, mentioned in website news story First Amendment Clinic to Receive James Madison Award (August 2024)

D Magazine, mentioned in Monty Bennett again loses in Texas Supreme Court (August 2024)

The Texas Lawbook, quoted in How One Word in TCPA Puts Pro Bono Litigants at a Disadvantage (July 2024)

KERA News, quoted in (July 2024)

Fort Worth Report, quoted in Groups plan to protest at True Texas Project event (July 2024)

Polk County Enterprise, quoted in Coleman must pay newspaper, former editor for lawsuit gone awry (June 2024)

Bloomberg Law, quoted in (June 2024)

Bloomberg Law, quoted in (May 2024)

FIRE, quoted in (May 2024)

Jackson Walker, quoted in (May 2024)

The Texas Tribune, quoted in (May 2024)

Austin American-Statesman, quoted in (May 2024)

The Dallas Morning News, quoted in (April 2024)

The Texas Tribune, quoted in (April 2024)

Fox4, quoted in (April 2024)

Fox7 Austin, quoted in (April 2024)

The Texas Tribune, quoted in (April 2024)

Fort Worth Report, quoted in (April 2024)

NewsRadio 1080 KRLD, quoted in (April 2024)

The Texas Tribune, quoted in (March 2024)

Houston Public Media, quoted in (March 2024)

Fox4, quoted in (March 2024)

The Texan, quoted in (February 2024)

Houston Public Media, quoted in (February 2024)

WebWire, quoted in (November 2023)

"The First Amendment Clinic has been my most pivotal experience at SMU Dedman School of Law. The Clinic offered me substantive experience in drafting motions, amicus briefs, and legislation testimonials. Most importantly, the Clinic has taught me the value of committing oneself to pro bono work as it has a big impact on real people."

– Mary Katherine Smith '26

"These are challenging times for journalists who try to hold accountable government entities and the people who run them.

Government officials have become more sophisticated – and more brazen – in their attempts to block journalists from obtaining public records. Officeholders test the limits of Texas’ open meetings law or simply violate it. Public media organizations often don’t have the financial resources to fight back on their own. Nor do many for-profit news organizations that have seen their business models crumble.

That’s why ��ߺ��’s First Amendment Clinic is so important. There's a good reason why "the press" merited the First Amendment in the Bill of Rights. Communities large and small need to know what elected officials and government employees are doing. Their residents should have access to solid reporting that holds powerful people and institutions accountable. Clinic Director Tom Leatherbury, and the law students who work with him, help KERA and other news organizations in Texas make that possible.

Tom and the SMU law students at the clinic repeatedly have assisted KERA reporters who've been stonewalled on open records requests. Their advice has been invaluable. And it’s helped us move forward on high-profile investigative and enterprise stories.

We’re far from being the only organization to benefit from the clinic’s efforts. It has assisted other news operations like the Dallas Free Press and Texas Public Radio, many press freedom advocacy groups such as the Freedom of Information Foundation of Texas and the Student Press Law Center, and civil rights groups such as the Texas Jail Project and the Texas Fair Defense Project.

I’m very grateful for the clinic’s help. I’m also glad that some of my reporters have had the benefit of Tom’s expertise and counsel, and I’m certain SMU law students he’s worked with would express a similar sentiment. I first became acquainted with Tom many, many years ago when I was a young reporter at The Dallas Morning News. I quickly learned to value his legal advice. And I know how hard he’s worked to support First Amendment issues throughout his long and impressive career."

– Ed Timms
Executive Editor, KERA News

Faculty and Staff

Thomas S. Leatherbury
Director of the First Amendment Clinic and Clinical Professor of Law

Peter Steffensen
Assistant Director of the First Amendment Clinic, Faculty Law Fellow, and Adjunct Clinical Professor of Law

Lisa Montes
Legal Clinics Coordinator and Legal Assistant

Mailing Address

SMU Dedman School of Law
P.O. Box 750116
Dallas, TX 75275-0116

Physical Address

SMU Dedman School of Law
Carr Collins Hall
3300 University Boulevard
Dallas, TX 75205