David Marburger
A partner in the Cleveland office of Baker Hostetler, David Marburger is an authority on litigating legal issues arising from the content side of the communications industry, especially First Amendment, media law, commercial speech, Commerce Clause, libel and privacy, freedom of information, copyright and other intellectual property rights.
Mr. Marburger is one of only 17 lawyers in Ohio certified by the Ohio Bar Association—acting under the authority of the Ohio Supreme Court—as a specialist in appellate law. Every year since 1995, he has been named by his peers as one of the best First Amendment lawyers in the country in The Best Lawyers in America. Inside Business magazine has named him as one of the leading lawyers in northeast Ohio, another magazine consistently has named him one of Ohio's "Super Lawyers," and the Society of Professional Journalists recognized him with the "Best Defense of the First Amendment" award.
Mr. Marburger has litigated more than 200 libel cases, challenged the constitutionality of more than 35 laws and court orders, defended against over two dozen prior restraints, sued for access more than 50 times to open the files and proceedings of state, local and federal government agencies and courts, and defended and pursued dozens of copyright claims.
Mr. Marburger has handled over 20 cases before the Ohio Supreme Court, the state's highest court.
Mr. Marburger was the primary draftsman of our newspaper client's brief on the merits before the United States Supreme Court, where Ohio's largest newspaper won a First Amendment challenge of a municipal ordinance. (City of Lakewood v. Plain Dealer Publishing Co., 486 U.S. 750.)
Mr. Marburger has drafted extensive amendments to Ohio's open records and open meetings statutes, which the General Assembly enacted in various years largely as drafted. The Ohio Attorney General appointed him to a two-year task force to conduct a comprehensive study of Ohio's freedom of information laws, and he was the primary draftsman of the task force's recommendation for statutory revision.
He is a frequent speaker about litigating issues that affect the content side of the communications industry.
Mr. Marburger has represented online media, major national television and radio networks, newspapers, book publishers, magazines, outdoor advertising companies, and wire services.
Before becoming a lawyer, Mr. Marburger was a journalist in a top 10 market.