Admitted to Practice | Washington, 1977 | | California, 1992 | | U.S. District Court Western District of Washington, 1977 | | U.S. District Court Eastern District of Washington, 1980 | | U.S. District Court Northern District of California | | U.S. District Court Southern District of California | | U.S. District Court Eastern District of California | | U.S. District Court Central District of California | | U.S. Supreme Court, 1983 | | U.S. Court of Appeals 8th Circuit, 2004 | | U.S. Court of Appeals 9th Circuit, 1978 | | U.S. Court of Appeals 10th Circuit, 1984 |
| Bruce Johnson, a veteran litigator, represents information industry clients on issues involving media and communications law as well as technology and intellectual property matters. His expertise includes advising on First Amendment law issues, particularly involving commercial speech, commercial transactions and consumer rights. The author of Washington's Reporter's Shield Law, Bruce also works extensively on journalist privilege issues, regularly defending reporters, editors and other members of the media. He also represents national clients in privacy and security matters, advertising liability risks, defamation and online liability cases. He is the author of the Washington Act Limiting Strategic Lawsuits Against Public Participation (“Washington Anti-SLAPP Law”), which was enacted by the State of Washington in March 2010. Selected Experience Secured for national civil liberties organization a federal court order requiring more detailed explanation from agencies that withheld records under the Freedom of Information Act relating to intelligence community's use of sweeping electronic surveillance powers under the 2008 FISA Amendments Act. Court held agencies failed to make required showing that withheld material fell within intelligence, national security, and/or law-enforcement exemptions to disclosure, and granted request to require agencies to provide relatively detailed analysis to justify withholding. Summary Judgment motion to compel production pending. (S.D.N.Y. Ongoing) Defending the free speech rights of the Yes Men against trademark claims filed after the Yes Men performed a political parody of the Chamber's controversial position on global climate change. USDC D.C. 09cv0214 (Ongoing) In a derivative action, defending the First Amendment rights of the Olympia Food Cooperative’s Board to enact a boycott of Israeli products in support of a movement seeking economic and social justice for Palestinians. (Thurston Cnty. (Wash.) Super. Ct. Ongoing) Defending newspaper in defamation action brought by teacher, based on published articles about investigation into alleged classroom assault. (Clark Cnty. (Wash. Super. Ct. Ongoing) Secured dismissal of libel by implication claim brought against local television station stemming from investigative report about halfway house’s requirement that its residents–some of them criminals–perform door-to-door solicitations on its behalf. Representing station in appeal. (Wash. App. Ongoing) Obtained dismissal of defamation and related claims and award of attorneys' fees and costs under Washington's recently enacted anti-SLAPP statute, where claims arose from statements a public employee allegedly made to her superiors, a co-worker, and a local television station. 2011 WL 219671, 39 Media L. Rep. 1601 (W.D.Wash. 2011) Submitted amicus brief urging the U.S. Supreme Court to decide that intrusion and intentional infliction of emotional distress claims cannot be based solely on the publication of offensive opinions about matters of public concern. The Court agreed, ruling 8-1 that the speech at issue is protected by the First Amendment. Read the amicus brief. (U.S. 2011) Submitted amicus brief in the U.S. Supreme Court in support of First Amendment rights of marketers and advertisers against Vermont statute requiring "opt-in" for any use of prescriber-identifiable data regarding prescription drug information. The Court held 6-3 that the state cannot restrict commercial speech for being too persuasive. Read the amicus brief. (U.S. 2011) Represented major news provider before administrative law judge in NLRB proceeding in effort to ensure procedure regarding sealed documents comported with First Amendment right of access. Judge issued opinion recognizing that right applied even in the context of a federal administrative proceeding, a subject on which federal appellate courts are split. (2011) Successfully represented a film production company in motion to dismiss invasion of privacy and misappropriation claims relating to the documentary film 'Sicko.' This is the first substantive decision to apply Washington's new anti-SLAPP statute, which provides important procedural safeguards for media entities and others against unwarranted and meritless suits that stem from the exercise of defendants' First Amendment rights. 3738 F.Supp.2d 1104 ( W.D. Wash. 2010) Represented Theatre Communications Group, which includes 476 theaters, as amicus in support of First Amendment challenge to Colorado law outlawing theatrical smoking. (09-1118) Read the amicus brief. 220 P.3d 544 (Colo. 2009) Cert. pet. (U.S. 2010) Submitted amicus brief on behalf of national and Washington state media in support of constitutionality of the Washington Public Records Act, which required public disclosure of names of referendum sponsors and signatures. 130 S.Ct. 2811 (U.S. 2010) Represented newspaper before Washington Supreme Court and trial court in public records litigation over police investigative files stemming from the 2009 shooting of four police officers. Obtained a unanimous decision that police records cannot be categorically withheld from public access, even in the face of a claim that disclosure threatens the suspect's fair trial rights. 170 Wash.2d 581, 243 P.3d 919 (Wash. App. 2010) Defended KIRO-7, a Seattle-based television station, and one of its reporters in a defamation lawsuit brought by a Tacoma, Wash., pediatric dentist. Cause No. 07-06234-9 (Pierce Cnty. (Wash.) Super. Ct. 2009) Successfully represented Meredith Corp., owner of KPTV in Portland, Ore., in motion to dismiss and subsequent motion for reconsideration in a lawsuit brought by plaintiff alleging a new theory of invasion of privacy through the publicity of her identity as the subject of allegedly false and unsubstantiated allegations. 654 F.Supp.2d 1264 (W.D. Wash. 2009) Additional Qualifications Professional and Community Activities
- Member; Chair, 1999-2000, Media Law and Defamation Torts Committee, Tort and Insurance Practice Section – American Bar Association
- Member; Executive Committee, 2000-2005; President, 2004 – Defense Counsel Section, Media Law Resource Center
- Media Law Reporter Advisory Board, 2005-present
- Member, Association of Professional Responsibility Lawyers, 2003-present
- Board Member, 1992-present; Chair, 2004-2006; President, 1999-2001 – Seattle Repertory Theatre Board of Trustees
- Board Member, 2006-present; Chair, 2011-present – Seattle Repertory Theatre Foundation Board of Trustees
- Member, National Council for the American Theater, 2005-present
- Board Member, EmcArts Inc., 2007-present
- Board Member President, Pacific Musicworks, 2007-present
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Professional Recognition
- Named as one of "America's Leading Lawyers for Business” by Chambers USA in First Amendment Litigation (National), 2007-2011
- Named as the “Seattle Best Lawyers First Amendment Lawyer of the Year” for 2012 by Woodward/White
- Named as one of the “Best Lawyers in America” in First Amendment Law by Woodward/White, 1993-present; named in Ethics and Professional Responsibility Law, 2010-present
- Selected to "Washington Super Lawyers," Law & Politics, 2008-2011
- Named as one of "155 Top Lawyers" by Seattle Magazine and Seattle Business Monthly, 2007
- Avvo rated
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Education M.A., University of Cambridge, 1978 J.D., Yale Law School, 1977 B.A., University of Cambridge, 1974 A.B., Harvard College, 1972, magna cum laude | |