Thomas R. Burke

With nearly four decades of media law and First Amendment litigation experience, Tom's law practice spans both traditional and digital media legal issues. He has successfully argued over two dozen First Amendment cases in the California Supreme Court, Ninth Circuit Court of Appeals, and California state appellate courts, and handled hundreds of matters in California's trial courts. His practice focuses on the defense of libel and newsgathering-related claims and defending journalists facing subpoenas. Tom also regularly provides pre-publication review and counseling and prosecutes high-profile state and federal public records lawsuits.

Tom is the author of "Anti-SLAPP Litigation" (Thomson Reuters 2013-present). He has won hundreds of anti-SLAPP motions and through appellate court wins and influential amici briefs, he has helped shape this first line of protection for free speech and petitioning activities in California and across the nation.

In 2000, Tom helped launch Protecting Journalists (ProJourn), a nonprofit organization that provides pro bono representation of journalists. He is also a long-time advisor to the First Amendment Coalition. In 2026, Chambers USA described Tom as "one of the top First Amendment lawyers in the country" writing that he "has the ability to tackle complex issues with precision. He's a true model for media lawyers."

For nearly two decades, Tom taught media law at the Graduate School of Journalism at UC Berkeley. He continues to guest lecture on media law issues at Berkeley Law.