Thomas R. Burke

Partner

T 415.276.6552 San Francisco
I defend speech and fight government secrecy.
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Tom Burke defends speech and content across all mediums – representing internet companies; networks; studios; book, magazine and news publishers; and authors, journalists, photographers, documentary filmmakers, and environmental groups. With over 30 years of trial and appellate experience in California's state and federal courts, Tom's practice covers the full spectrum of content liability issues including First Amendment and the defense of libel, privacy and copyright claims. A veteran newsroom lawyer, Tom regularly provides prepublication counseling and defends journalists facing subpoenas for unpublished information and confidential sources. He also regularly litigates high-profile state and federal public records lawsuits. Tom has successfully handled hundreds of anti-SLAPP motions and is the author of "Anti-SLAPP Litigation" (The Rutter Group 2013-present). Since 2002, he has taught media law at the Graduate School of Journalism at the University of California, Berkeley.

Tom is a member of the firm's Executive Committee.

Practice Highlights

Libel defense

Planet Aid v. The Center for Investigative Reporting - Secured the dismissal of a long-running libel lawsuit against The Center for Investigative Reporting and its reporters that challenged nearly 80 statements and 20 publications about an 18-month investigation into plaintiffs' ties to a Danish cult and the alleged misuse of US and foreign funding to farmers in Malawi, Africa. 2021 WL 110252 (N.D. Cal. 03.23.21). OP-ED: "What a costly lawsuit against investigative reporting looks like," Columbia Journalism Review, 03.30.21

Public records & access lawsuits

Litigating public records lawsuits to make public information about: police misconduct throughout California following S.B. 1421 including ongoing lawsuits against the California Attorney General, California Highway Patrol and BART; Veteran’s Administration whistleblower complaints; federal agency records of missing and murdered Native Americans; and FBI surveillance of an Muslim American community in Illinois.

Internet speech

Defended Yelp Inc. in a closely-watched California Supreme Court case (Hassell v. Bird, 5 Cal. 5th 522 (2018)) that upheld Yelp’s due process and free speech rights under Section 230 of the Communications Decency Act. In a 4-3 decision, reversing the Court of Appeal, the Supreme Court held that Yelp was not required to comply with a trial court order to remove a defamatory user review of a law firm published on Yelp. On January 22, 2019, the U.S. Supreme Court declined to review the case.

Libel, Privacy, and Other Constitutional Matters

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Internet

Public Records Litigation

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Access to Public Proceedings

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Intellectual Property

Journalist's Privilege and Source Protection

Admitted to Practice

  • California, 1989
  • U.S. Supreme Court, 2006

Education

  • J.D., University of San Francisco School of Law, 1989, magna cum laude
  • B.S., Broadcast Journalism, Arizona State University, 1984, magna cum laude

Memberships & Affiliations

    • Chair, DWT Pro Bono and Public Service Committee, 2018-present
    • Lecturer, J255, Law & Ethics, Graduate School of Journalism, University of California, Berkeley, 2002-present
    • Member, National Board of Advisors, Cronkite School of Journalism and Mass Communication, Arizona State University, 2013 
    • Governing Board of the ABA Forum on Communications Law, 2008-2011
    • Appointed Member, Commission for Impartial Courts, California Task Force on Judicial Campaign Conduct, 2007-2009
    • Co-chair, Freedom of Information Committee, Northern California Chapter of the Society of Professional Journalists, 2006-2008
    • Member, Internet Law, Membership and Prepublication Review Committees, Media Law Resource Center, 2002-present
    • Legal Advisor, First Amendment Coalition, 1990-present
    • Legal Advisor, Student Press Law Center, 2008-present
    • Member, San Francisco Lawyers Committee for Civil Rights, 2009-present

Professional Recognition

    • Named a "Litigation Trailblazer" by the National Law Journal, 2022
    • Named as one of "America's Leading Lawyers for Business" by Chambers USA in First Amendment Litigation (Nationwide), 2018-2022; Media & Entertainment: First Amendment Litigation (California), 2003-2022
    • Named "Lawyer of the Year" in First Amendment Litigation (San Francisco), Best Lawyers, 2015, 2021, 2023
    • Received the "Willard J. Wright Award" for Outstanding Community Service, 2014  
    • Named as one of "500 Leading Lawyers in America" by Lawdragon, 2013 
    • Named as one of the "Best Lawyers in America" in Litigation - First Amendment by Best Lawyers, 2006-present
    • Selected as San Francisco's "Lawyer of The Year" in First Amendment Litigation by Best Lawyers, 2023
    • Selected to "Northern California Super Lawyers," Thomson Reuters, 2004-2022
    • James Madison Freedom of Information Award for Legal Counsel, Northern California Chapter of the Society of Professional Journalists, 2002 
Ranked in Chambers USA 2021

Background

    • Extern Law Clerk, Hon. Marilyn Hall Patel, U.S. District Court, Northern District of California, Fall 1988
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