Tel: (303) 564-3669
Steven D. Zansberg
For more than a quarter century, Steve has represented media companies, online publishers, and individuals in defending claims based on content, fighting subpoenas, and seeking access to government information and proceedings. He has represented the national news media in connection with coverage of such events as the Aurora theater shooting case and the Oklahoma City bombing trials. He secured access to public records related to the murder of JonBenét Ramsey and the mass shooting at Columbine High School.
Steve has defended dozens of defamation and invasion of privacy cases in both state and federal courts across the nation. Steve also litigates copyright and trademark matters. He has successfully briefed and argued appeals to the California and Colorado appellate courts and the U.S. Courts of Appeals for the Ninth and Tenth Circuits.
Representative Experience
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Persuaded a Colorado judge to lift an unconstitutional prior restraint order that prohibited a newspaper from publishing materials its reporter had lawfully obtained from a court clerk, including grand jury testimony.
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Obtained dismissal of a libel suit against a Denver television station and The Denver Post newspaper under Colorado's anti-SLAPP statute. The court found that the publications at issue, that reported on a series of complaints against a private vendor to the state's Department of Public Health and Environment, were substantially true and protected by the "fair report" privilege.
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Obtained a published precedential ruling from the California Court of Appeal holding that the California Public Utilities Commission must comply with the strict statutory deadline for responding to public records act requests. The Court rejected PUC's claim that records requesters must wait for months or years, exhausting internal administrative appeals, before having access to the courts.
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Obtained dismissal under Colorado's anti-SLAPP Act, of a defamation lawsuit brought by anti-abortion activists against a book author for labeling their campaign to discredit Planned Parenthood "fake news." The court held the challenged publications were substantially true. Colorado's Court of Appeals affirmed that ruling.
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Successfully defended the Denver Post and KUSA-TV in a libel suit brought by a convicted felon who disputed the details of a press release from the District Attorney's Office announcing the jury's verdict. Colorado's Court of Appeals upheld the dismissal under the "fair report privilege."
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Successfully defended the weekly newspaper Westword in a defamation action brought by the former head of Emergency Medicine at Denver’s Children’s Hospital. The court held that the challenged articles were substantially true.
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Successfully defended the operator of an online news publication, Examiner.com, in obtaining dismissal, under California’s anti-SLAPP statute, of libel claims brought by Hollywood celebrity Andrew Keegan. The court held that Keegan could not show that the news report at issue was published with actual malice.
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Obtained a published decision from the U.S. Court of Appeals for the Tenth Circuit affirming summary judgment for Clarity Media Group on 75 copyright infringement claims brought by two photography licensing agencies. The claims were premised on celebrity photos posted to the Examiner.com website by paid third-party contributors.
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Successfully defended The Discovery Channel in a suit arising from an episode of the documentary TV program Homicide Hunter, which depicted the plaintiff’s involvement in a gang-related altercation that resulted in a 14-year-old’s death. The trial court dismissed all of the plaintiff’s defamation, emotional distress, and invasion of privacy claims, finding that the program was substantially true.
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Successfully defended The Denver Post and its reporter in a libel case brought by a former City Council candidate based on a report that the candidate was “caught up in a plagiarism charge.” Colorado’s Court of Appeals affirmed the dismissal of all claims, ruling that the newspaper’s report was both substantially true and not defamatory.
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Successfully represented A&E Television Networks in obtaining summary judgment on libel claims premised on the Gangland: Aryan Brotherhood program. The Tenth Circuit (Gorsuch, J.) affirmed the dismissal, holding that depicting the plaintiff as a "member" of the Aryan Brotherhood prison gang, when he "merely conspired with the [Aryan] Brotherhood in a criminal enterprise," is not actionable because it is substantially true.
Professional Highlights
Professional Activities
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ABA Forum on Communications Law, past Chair
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Colorado Freedom of Information Coalition, President
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ABA Section on Torts, Trial and Insurance Practice, Media, Privacy & Defamation Law Committee, past Chair
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Media Law Resource Center, State Legislative Committee, past Co-Chair; Newsgathering Committee, past Co-Chair; and Internet Law Committee, member
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Colorado Broadcasters Association, past member, Board of Directors
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Media Law Reporter (Bloomberg Law), member Editorial Board
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Sturm College of Law, University of Denver, past Adjunct Professor
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ACLU of Colorado, Legal Panel
Honors and Recognition
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2021 First Amendment Award, Society of Professional Journalists - Colorado Pro Chapter
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Chambers USA, "Leader in the Field," First Amendment Litigation (Nationwide), 2019-present
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The Best Lawyers in America, First Amendment law, First Amendment litigation, media law, 2003-present
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"Lawyer of the Year," First Amendment Law (Denver), 2014, 2016, 2019, 2021, 2024
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"Lawyer of the Year," Litigation - First Amendment (Denver), 2018, 2020, 2022, 2024
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Colorado Super Lawyers, media & advertising, 2009-2010, 2012-2017, 2019-2023
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Law Week Colorado, Lawyer of the Year 2011, 2015; Barrister's Best 2018; "People's Choice" for
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Colorado's Best Communications/Media Law Lawyer 2017, 2019
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Marquis' Alfred Nelson Lifetime Achievement Award, 2018
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Colorado Press Association "Friend of the First," 2014
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ACLU of Colorado "Sherman Award," 2009
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Colorado Lawyers Committee, Lawyer of the Year Award 1997
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Martindale-Hubbell AV Preeminent rating
Oral Arguments
18CA1316, 18CA1339, 18CA1806
14-15267 Minden Pictures v. John Wiley & Sons
15-16765 Anthony Delevin v. Ted Holteen
Media Appearances
Publications (click on each title to open)
Dec. 2022
Mar. 2022
Removing FERPA's "Invisibility Cloak" From Records Showing Public Employees Behaving Badly,
37:1 Communications Lawyer
Nov./Dec. 2021
Sept. 2021
July 2021
Charting the Skies: Where Does Facial Recognition Technology "Fit" in the Data Privacy Cosmos?, 2:1 U. Notre
Dame J. Emerging Tech. 292
Jan. 2021
Aug. 2019
The (Unfinished) Ballad of Gunslinger/©Troll Richard Liebowitz, MLRC MediaLawLetter
Spring 2019
Co-author, Recent Developments in Media, Privacy, Defamation, and Advertising Law, ABA Tort Trial &
Insurance Practice Law Journal
Apr. 2019
Aug. 2018
Fair Use in Documentary Films: Two Helpful Rules of Thumb to Help You Navigate Copyright Gray
Areas, Video & Filmmaker Magazine
July 2018
Co-author, Mexican Journalist Seeking Asylum Finally Free From Detention, MLRC MediaLawLetter
June 2018
Colorado Supreme Court Holds There Is No Constitutional Protection for Public Access to Court
Records, MLRC MediaLawLetter
March 2018
Appeal, MLRC MediaLawLetter
Jan. 2018
Jan. 2018
Co-author, Federal Judge Refuses to Close Courtroom During Trade Secret Trial Between Silicon Valley
Titans, Ballard Spahr Alert
Dec. 2017
California Court of Appeals Affirms Dismissal Under Anti-SLAPP Statute of Defamation Claim
Against Online Platform Hosting User-Generated Content, Ballard Spahr Alert
Fall 2017
Recent High-profile Cases Highlight the Need for Greater Procedural Protections for Freedom of the
Press, Communications Lawyer
Fall 2016
As Body-Worn Cameras Proliferate, States' Access Restrictions Defeat Their Purpose, Communications
Lawyer
Nov. 2011
Co-author, Privacy Expectations in Online Social Media—An Emerging Generational Divide? Communications Lawyer
(Updated Annually)
"Survey of Colorado Defamation and Related Claims Against the Media," Media Libel & Related Law
Survey, Media Law Resource Center
1994
Education
Yale Law School (J.D. 1994)
Stanford University (B.A. 1982) (with honors)
Admissions
Colorado
California
U.S. Courts of Appeals for the Fourth, Ninth, and Tenth Circuits
U.S. District Court for the District of Colorado
U.S. District Court for the Northern District of California
U.S. District Court for the Central District of California
U.S. District Court for the Northern District of Illinois
U.S. Supreme Court