Zoë N. McKinney

Associate

Zoë McKinney brings several years of experience in litigation and First Amendment protections to our Media and Entertainment team. As a mission-driven attorney, her practice has involved advocating for government transparency and access to information. She has challenged policies restricting protected speech, including in public schools, at protests, and at open legislative meetings. She has worked with coalitions of journalists to advocate for law enforcement policies and practices respecting the First Amendment right to engage in newsgathering, and she has counseled clients experiencing governmental censorship on social media and facing threats of defamation claims by public officials. Her current practice includes representing media clients in anti-SLAPP motions and in disputes arising from public records requests.

Zoë has also explored how technology, privacy, and free expression online interrelate. Her earlier experience included a focus on international free speech and free press issues in the digital age that has taken her to Japan and Myanmar in support of the UN Right to Freedom of Opinion and Expression mandate. She also focused on immigrants' rights and border issues in San Diego and Imperial Counties, litigating complex FOIA cases.

Right to Address and Criticize Public Officials

Successfully challenged policies of multiple local city councils, school boards, and other legislative bodies that impermissibly prohibited members of the public from criticizing staff or officials of the local body or otherwise limited access to public comment.

First Amendment Right to Photograph near Ports of Entry

Worked on appellate team to secure reversal by the Ninth Circuit of a motion to dismiss journalists' challenge to policies prohibiting them from photographing public areas near Ports of Entry in San Diego and Imperial Counties.

Complex FOIA Litigation: Customs and Border Protection Child Abuse

Part of multi-state litigation team achieving favorable ruling on summary judgment and securing production of over 30,000 pages of records detailing abuse of detained migrant children by U.S. Border Patrol officials. Affirmed in the Ninth Circuit.

Complex FOIA Litigation: Border Patrol Roving Stops

Part of litigation team winning summary judgment against the Department of Homeland Security and U.S. Customs and Border Protection and securing production of documents revealing patterns of unconstitutional, and often race-based, vehicle stops by Border Patrol in Southern California's border regions.

Temporary Protected Status Litigation

Part of litigation team securing preliminary injunctions in Administrative Procedures Act and Equal Protection challenges to Homeland Security's unlawful terminates of Temporary Protected Status for six countries—resulting in suspension of executive action that would have made 400,000 TPS holders vulnerable to deportation and jeopardized the rights of over 200,000 U.S. citizen children of TPS holders.

Admitted to Practice

California, 2016

Education

J.D., University of California, Irvine School of Law, 2016
- Senior Research Editor, UC Irvine Law Review
- Pro Bono High Honors
- Jessup Moot Court quarterfinalist
B.S., Human and Organizational Development, B.A., Spanish, Vanderbilt University, 2010, cum laude

Languages

Spanish

Memberships & Affiliations

ABA Forum on Communications Law

Background

- First Amendment and Democracy Staff Attorney, American Civil Liberties Union Foundation of Southern California, Los Angeles, 2020-2022
- Immigrants ' Rights Fellow, American Civil Liberties Union Foundation of Southern California, Los Angeles, 2018-2020
- Border Litigation Project Fellow / Staff Attorney, American Civil Liberties Union Foundation of San Diego and Imperial Counties, San Diego, 2016-2018
- Student Representative, International Justice Clinic, Irvine, Calif.
- Judicial Extern, U.S. District Court, Central District California, Southern Division, Santa Ana, Calif., 2015
- Summer Law Clerk, Traber & Voorhees Civil Rights Attorneys, Pasadena, Calif., 2015

07.18.23

Advisories

303 Creative Ruling Sets and Reaffirms Key Precedents for Online Service Providers Read More