ASU First Amendment Clinic Director on Protecting Press Freedom & Key Cases

For nearly three decades, Gregg Leslie has dedicated his career to safeguarding the First Amendment, initially as a practicing attorney and, since 2018, as the executive director of Arizona State University’s First Amendment Clinic. His work, rooted in a deep understanding of both journalism and law, centers on navigating the complex legal landscape faced by those seeking to exercise their fundamental rights to free speech and a free press.

Leslie’s journey began with a formative experience as a journalist before pursuing a law degree. He recognized firsthand the critical importance of a free press and the legal challenges journalists often encounter. This led him to the Reporters Committee for Freedom of the Press in 1994, where he spent over two decades answering a hotline providing legal assistance to journalists and eventually becoming the legal defense director. “I always knew I wanted to go to law school,” Leslie explained in a recent interview with the Arizona Capitol Times. “That experience [as a journalist] just increased my interest in First Amendment Law.”

The First Amendment Clinic at ASU, established in 2018, represents a new chapter in Leslie’s commitment. It provides a unique educational opportunity for law students, allowing them to directly engage with real-world First Amendment cases under his guidance. The clinic’s work is remarkably diverse, reflecting the broad applicability of the First Amendment. “It’s such a broad topic because the First Amendment can affect so much,” Leslie noted. “Every semester is a little different.”

The scope of the clinic’s work extends beyond traditional media outlets. They frequently assist smaller, independent journalists – bloggers, Substack writers, and even those active on social media – who often lack the resources to navigate legal challenges on their own. Leslie described a case involving an individual arrested for flipping off a police officer, highlighting the clinic’s willingness to address even seemingly minor infringements on First Amendment rights. The question, he explained, wasn’t necessarily about condoning the behavior, but about whether the arrest itself was a violation of the individual’s rights.

Leslie’s career has involved high-profile cases, including representing Judith Miller of The New York Times and a young reporter from Fox News who faced jail time for protecting their sources. He remains in contact with the latter, a testament to the lasting impact of the clinic’s work. He also represented Vanessa Leggett, a reporter who faced challenges establishing her status as a journalist while pursuing a story involving interviews with a prisoner.

More recently, the clinic has been involved in politically charged cases, including representing Kari Lake in an Anti-SLAPP motion following a libel suit filed by Stephen Richer, the former Maricopa County recorder. Leslie emphasized the importance of allowing robust political discourse, even when it involves potentially controversial opinions. “If you disclose the facts you’re basing an opinion on, you shouldn’t be sued for libel,” he argued. “For a political discussion, I think you have to have that kind of leeway to discuss those issues.” He cautioned that overly broad libel laws could stifle political speech.

The enduring appeal of the First Amendment, according to Leslie, lies in its universality. “It’s a standard to apply to everything,” he explained. “If you’re doing something to inform the public, it affects every other law that may be an impediment to doing that.” He cited ongoing legal questions surrounding the rights of reporters to cover protests, balancing the need to respect law enforcement with the public’s right to information.

Leslie finds fulfillment in teaching, viewing it as a way to pass on his knowledge and experience to the next generation of First Amendment advocates. “After a while, you feel like you’re doing a lot of things over and over, so you want to include more people and pass on the information you’ve gained,” he said. “It’s always fun to talk to people who are just considering these issues for the first time and see the excitement build in their faces.”

Looking ahead, Leslie identified ongoing challenges to the First Amendment in Arizona, primarily stemming from the perennial tension between competing viewpoints and the desire to suppress opposing voices. He noted a tendency for political disputes to escalate into libel suits, which he believes are rarely productive. Access to information also remains a concern, with judges sometimes restricting media access to court proceedings. He also highlighted the recurring legal battles surrounding protests, particularly as demonstrations become more frequent and contentious, as seen recently with ICE demonstrations.

“The funny thing is I think they’re the timeless challenges we’ve seen where people want their message to get across and they resent other people getting their message across,” Leslie stated. He emphasized the fundamental right to protest, even when it involves challenging government actions. “The idea that you can’t protest the way the government is arresting people is really shocking.”

Leslie and the First Amendment Clinic stand ready to defend these rights. “The First Amendment Clinic is different for us every semester, but we like to think we’re doing important work,” Leslie concluded. “I’d like people to remember that we’re here in case any concerns come up. If they see that there’s speech that is being restrained by the government, we’re here to fight that.”