Douglas E. Lee

Douglas E. Lee is a partner in the Dixon, Ill., law firm of Ehrmann Gehlbach Badger & Lee, LLC. Lee, who represents clients in litigation, employment and other matters, has been a legal correspondent for the First Amendment Center since 1995. In his First Amendment practice, he has served as Illinois counsel for "America’s Most Wanted" in a subpoena battle, represented author Suzy Spencer in a courtroom-access case in Texas and authored a U.S. Supreme Court amicus curiae brief in the Vanessa Leggett case for the Center for Individual Freedom. Lee also has represented Sauk Valley Media in subpoena and courtroom-access cases.

Lee’s articles concerning efforts to acquire documents from the Illinois Department of Corrections under the state Freedom of Information Act were part of a Sauk Valley Newspapers investigative report that won a second place award in the Illinois Associated Press Editors Association excellence in journalism contest in 2009.

Before joining Ehrmann Gehlbach Badger & Lee, Lee was an associate in the Washington, D.C., office of Baker & Hostetler, where he represented news media clients such as the Delaware State News, the Chicago Sun-Times, many Scripps Howard newspapers and broadcast stations and the Society of Professional Journalists in a variety of libel, privacy, and freedom-of-information matters.

Lee received his undergraduate degrees in history and political science from the University of Illinois and his law degree from the Northwestern University School of Law. He currently is admitted to practice in the U.S. Supreme Court, Illinois, Virginia, the District of Columbia, the United States District Courts for the Northern District of Illinois and the District of Columbia and the United States Courts of Appeal for the 4th, 7th, 10th and District of Columbia Circuits.

Posts by Douglas E. Lee:

Speech Commentary | Douglas E. Lee | May 14, 2012

Influential judge has cramped view of First Amendment

Richard Posner of the 7th Circuit says in dissent in Illinois audio-recording case that ‘the constitutional right of free speech, as construed nowadays, is nowhere to be found in the Constitution.’

Speech Analysis | Douglas E. Lee | April 25, 2012

7th Circuit: Worker had no 1st Amendment right to job

Saying ‘friendship cannot have greater status than political speech,’ panel rejects woman’s claim that Illinois village violated her freedom of association by firing her because of her ties to the ex-village manager.

Speech Analysis | Douglas E. Lee | April 23, 2012

3rd Circuit: 2 child-porn laws may be unconstitutional

Disagreeing with two other circuit courts, three-judge panel finds that parts of two federal statutes aimed at preventing use of children in sexually explicit videos may violate First Amendment.

Press Commentary | Douglas E. Lee | March 20, 2012

Ruling affirms Ill. campus free-press act

It’s good news for almost everyone as federal judge orders Chicago State University to reinstate adviser fired in dispute over stories that ran in the college newspaper.

Press Analysis | Douglas E. Lee | February 18, 2012

1st Circuit dismisses candidate’s defamation suit

Unless there’s actual malice, ‘more speech, not damages, is the right strike-back against superheated or false rhetoric,’ appeals court rules in case involving 2010 Maine Senate race.

Press Analysis | Douglas E. Lee | February 17, 2012

2nd Circuit agrees: no subpoena for reporter’s notes

Appeals court affirms trial court’s decision that New York’s shield law protects unpublished information.

Speech Analysis | Douglas E. Lee | January 10, 2012

8th Circuit: Woman can challenge law school’s hiring decision

Court finds Teresa Wagner, who applied for positions at the University of Iowa College of Law, presented enough evidence of political discrimination to be allowed to proceed to trial.

Speech Analysis | Douglas E. Lee | January 6, 2012

Official can’t demand apology before letting speaker comment

7th Circuit holds that Waukegan, Ill., mayor violated First Amendment rights of man at public meeting by refusing to let him speak unless he apologized to another city official.

Press Commentary | Douglas E. Lee | December 19, 2011

Troubling rulings paved way for blogger’s libel conviction

Whether bloggers being sued for libel are entitled to the same First Amendment protections as non-media defendants should be beyond controversy.

Speech Analysis | Douglas E. Lee | November 23, 2011

Ruling in Ill. anonymous-speech case is a win — for now

In its opinion, state appeals court notes that the standard for obtaining the identity of an online poster to a newspaper comment board is relatively low.

Petition Analysis | Douglas E. Lee | November 18, 2011

Foul language doesn’t invalidate petition, court rules

Fed up with officials in Loveland, Colo., contractor let loose with choice epithets, whereupon, he alleges, the city retaliated against him.

Assembly Commentary | Douglas E. Lee | October 13, 2011

Permit rules can discourage what should be lawful protest

Refusing to follow rulings in other circuits, 7th Circuit decides to give a Chicago agency a chance to defend its permit policy regarding undefined ‘expressive activity.’

Speech Analysis | Douglas E. Lee | September 14, 2011

NLRB bolsters private-employee speech

Curtailing the discretion private employers long have enjoyed to discipline or fire workers, the labor board currently maintains that federal law protects some social-media activity.

Press Analysis | Douglas E. Lee | August 26, 2011

TV station wins ruling on exclusion of candidate from debate

Because it is privately owned, WTTW-11 in Chicago is not a state agent under the First Amendment, district judge rules.

Freedom Of Information News | Douglas E. Lee | August 23, 2011

Agency doesn’t have to turn over Fannie Mae, Freddie Mac info

Several politicians likely are breathing easier after federal appeals court decides that records detailing campaign contributions aren’t subject to FOIA.

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About The First Amendment Center

We support the First Amendment and build understanding of its core freedoms through education, information and entertainment.

The center serves as a forum for the study and exploration of free-expression issues, including freedom of speech, of the press and of religion, and the rights to assemble and to petition the government.

Founded by John Seigenthaler, the First Amendment Center is an operating program of the Freedom Forum and is associated with the Newseum and the Diversity Institute. The center has offices in the John Seigenthaler Center at Vanderbilt University in Nashville, Tenn., and at the Newseum in Washington, D.C.

The center’s programs, including the Religious Freedom Education Project at the Newseum, provide education and information to the public and groups including First Amendment scholars and experts, educators, government policy makers, legal experts and students. The center is nonpartisan and does not lobby, litigate or provide legal advice. See First Amendment Center Fact Sheet and FAQs. See internships info.

The center’s website, www.firstamendmentcenter.org, is one of the most authoritative sources of news, information and commentary in the nation on First Amendment issues. It features daily updates on news about First Amendment-related developments, as well as detailed reports about U.S. Supreme Court cases involving the First Amendment, and commentary, analysis and special reports on free expression, press freedom and religious-liberty issues. Support the work of the First Amendment Center.

1 For All

1 for All is a national nonpartisan program designed to build understanding and support for First Amendment freedoms. 1 for All provides teaching materials to the nation’s schools, supports educational events on America’s campuses and reminds the public that the First Amendment serves everyone, regardless of faith, race, gender or political leanings. It is truly one amendment for all. Visit 1 for All at http://1forall.us/

Help tomorrow’s citizens find their voice: Teach the First Amendment

The most basic liberties guaranteed to Americans – embodied in the 45 words of the First Amendment to the U.S. Constitution – assure Americans a government that is responsible to its citizens and responsive to their wishes.

These 45 words are as alive and important today as they were more than 200 years ago. These liberties are neither liberal nor conservative, Democratic nor Republican – they are the basis for our representative democratic form of government.

We know from studies beginning in 1997 by the nonpartisan First Amendment Center, and from studies commissioned by the Knight Foundation and others, that few adult Americans or high school students can name the individual five freedoms that make up the First Amendment.

The lesson plans – drawn from materials prepared by the Newseum and the First Amendment Center – will draw young people into an exploration of how their freedoms began and how they operate in today’s world. Students will discuss just how far individual rights extend, examining rights in the school environment and public places. The lessons may be used in history and government, civics, language arts and journalism, art and debate classes. They may be used in sections or in their entirety. Many of these lesson plans indicate an overall goal, offer suggestions on how to teach the lesson and list additional resources and enrichment activities.

See more about lesson plans.

First Amendment Moot Court Competition

The First Amendment to the U.S. Constitution – the cornerstone of American democracy – is the focus of the National First Amendment Moot Court Competition. Recognized as one of the nation's finest constitutional-law competitions, this annual event features a current First Amendment controversy.

During the two-day competition in February, each team will participate in a minimum of four rounds, arguing a hypothetical based on a current First Amendment controversy before panels of accomplished jurists, legal scholars and attorneys.

Past participants in the National First Amendment Moot Court Competition have represented law schools nationwide, from Brooklyn Law School to Duke University to Arizona State to Harvard.

The 22nd Annual National First Amendment Moot Court Competition is Feb. 16-17, 2012. See registration information and details about the competition.

FIRST AMENDMENT CENTER ARCHIVES

State of the First Amendment survey reports

The State of the First Amendment surveys, commissioned since 1997 by the First Amendment Center and Newseum, are a regular check on how Americans view their first freedoms of speech, press, assembly, religion and petition.

The periodic surveys examine public attitudes toward freedom of speech, press, religion and the rights of assembly and petition; and sample public opinion on contemporary issues involving those freedoms. See the reports.