First Amendment Case: Sexual Assault Victim’s Counterclaim

There have been further developments in Wade v. Foster, an important First Amendment case in which I represent Erin Foster, a woman who reported being sexually assaulted.  As I  mentioned in a previous post, the case is unusual in that although Erin, my client, reported the sexual assault, she is being sued by Bret Wade, the person identified as her assailant.  Erin believes that the lawsuit, in federal court in Maryland, is meant to intimidate her into remaining silent. Wade,…

First Amendment: Defending Right to Speak About Sexual Assault

In an important First Amendment case, The Kaplan Law Firm currently represents a client being sued for, according to the lawsuit against her, reporting that she was sexually assaulted.  This case highlights an unfortunate aspect of our legal system—individuals who have money can sue others who say things that they do not like, even if they have little hope of winning the case, and use the enormous costs of defending oneself from a lawsuit for defamation to silence such individuals.  This…

The Kaplan Law Firm Files Second Appeal in Important First Amendment Matter

I represent a client who was found in 2014 to have committed the crime of stalking because he truthfully told others that another person had had an affair with his wife.  Although what my client said may have embarrassed his wife’s affair partner, nothing he said could be construed as doing anything more than causing embarrassment—certainly, nothing he said constituted a threat or anything that could even be remotely interpreted as a threat.  Nevertheless, the individual named by my client…

Success in the D.C. Court of Appeals

The District of Columbia Court of Appeals has issued a decision in favor of my client on a case involving important First Amendment issues. DISCLAIMER A D.C. Superior Court Judge had ruled that my client had committed the crime of stalking by posting on the internet the fact that a complaining individual had had an affair with my client’s wife.  The complainant was upset that this truthful information had hurt his representation.  The trial court ruled that my client had…

Brief in First Amendment Case Filed

I have filed an appellate brief in the District of Columbia Court of Appeals on behalf of my client in what I believe is an important free speech case.  The case deals with the extent that the District’s anti-stalking law can be used to restrict speech and raises important First Amendment issues. I discussed the case in an earlier blog post. Opposing counsel’s brief is due at the end of August.  A redacted copy of the brief I filed is…

Appellate Case Challenges Constitutionality of the District of Columbia’s Anti-Stalking Law

I currently represent a client (let’s call him “Client”) in an interesting First Amendment case pending before the District of Columbia Court of Appeals. Another person (let’s call him “Petitioner”) had a brief sexual affair with my client’s spouse.  My client learned about this affair and sent emails to a small number of persons indicating that Petitioner (who he named) had had such an affair.  He also posted several internet blog posts in which he described his feelings, his views…