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Practice Groups:
Practice Specific Experience:
Education:
| · | Yale Law School, J.D., 1979, Editor-in-Chief, Yale Law Journal | | · | Amherst College, B.A., 1976, summa cum laude; Phi Beta Kappa |
Prior Employment:
| · | Supreme Court and General Litigation practice - Onek, Klein & Farr and Klein, Farr, Smith & Taranto; Washington, D.C. | Admissions:
| · | District of Columbia, 1981 | | · | Maryland, 1988 | | · | New York, 2006 |
Courts:
| · | U.S. Court of Appeals, Second Circuit, 1980 | | · | U.S. Supreme Court, 1981 |
Judicial Clerkships:
| · | Justice Lewis F. Powell Jr., U.S. Supreme Court, 1980 - 1981 | | · | Hon. James L. Oakes, U.S. Court of Appeals, Second Circuit, 1979 - 1980 |
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Paul M. Smith is a partner in the Firm's Litigation Department. He is a member of the Firm's Policy Committee. He is Chair of the Appellate and Supreme Court Practice and a Co-Chair of the Creative Content, Media and First Amendment, and Election Law and Redistricting Practices. Mr. Smith is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability.
Mr. Smith has had an active Supreme Court practice for two decades, including oral arguments in thirteen Supreme Court cases. These arguments have included Crawford v. Marion County Election Board (2008), the Indiana Voter ID case; LULAC v. Perry (2006), and Vieth v. Jubelirer (2003), two congressional redistricting cases; Lawrence v. Texas (2003), involving the constitutionality of the Texas sodomy statute; United States v. American Library Ass'n (2003), involving a First Amendment challenge to the Children's Internet Protection Act and Mathias v. WorldCom (2001), dealing with the Eleventh Amendment immunity of state commissions. His first argument was in Celotex Corp. v. Catrett in 1986. Mr. Smith also worked extensively on several other First Amendment cases in the Supreme Court, involving issues ranging from commercial speech to defamation to “adult” speech on the Internet.
Mr. Smith also represents various clients in trial and appellate cases involving commercial and telecommunications issues, the First Amendment, intellectual property, antitrust, and redistricting and voting rights, among other areas. His recent trial work has included several cases involving congressional redistricting as well as challenges to state video game restrictions under the First Amendment.
Mr. Smith graduated summa cum laude and Phi Beta Kappa from Amherst College in 1976 and received a J.D. from Yale Law School in 1979, where he served as Editor-in-Chief of the Yale Law Journal. The following year, Mr. Smith was a law clerk to Judge James L. Oakes of the United States Court of Appeals for the Second Circuit. From 1980-81, Mr. Smith was a law clerk to Supreme Court Justice Lewis F. Powell, Jr.
Mr. Smith was a member of the Board of Governors of the District of Columbia Bar from 2002-2008. He is a former board member and former Chair of the National Board of Directors of The American Constitution Society, Co-Chair of the Board of Directors of Lambda Legal and a member of the Board of Directors of the Washington Lawyers Committee for Civil Rights and Urban Affairs.
Since 2003, Chambers USA has named him one of the country’s leading lawyers in the areas of Appellate Litigation and Media & Entertainment Law. In 2007, 2008 and 2009, Chambers USA also named him one of the country’s leading lawyers in the area of First Amendment Litigation. Mr. Smith was recognized in the 2007, 2008 and 2009 Editions of Washington DC Super Lawyers for Appellate Law and as one of the Top 100 Lawyers in DC. Mr. Smith was also named one of "Washington's Top Lawyers" by Washingtonian magazine.
Mr. Smith is admitted to practice in Maryland, New York and the District of Columbia.
Available Publications:
- Client Advisory: Proceed with Caution: A Guide to Citizens United, February 8, 2010
Please click here to view the advisory. - Keep Protecting the Rights of Voters." Houston Chronicle (with Nicholas O. Stephanopoulos), July 19, 2009
Please click here to view article - “Commentary: Supreme Court’s Unexpected ‘Judicial Minimalism’ in Voting Rights Case,” Law.com, July 2, 2009
Please click here to review the article. - Client Advisory: Potential Impact of Iqbal on Pleading Copyright Claims, June 2009
Please click here to view the client advisory. - “Courtside,” Communications Lawyer, Vol. 26, No. 2, July 2009
Please click here to view the article - Client Advisory: Judge Sotomayor's Record On Copyright And First Amendment Issues, June 2009
Please click here to view the client advisory. - "Courtside," Communications Lawyer, Vol. 26, No. 2, March 2009
Please click here to review the article. - "Courtside," Communications Lawyer , Vol. 26, No. 1, November 1, 2008
Please click here to View the article. - “Courtside,” Communications Lawyer, Vol. 25, No. 4, July 2008
Please click here to view the article. - "Courtside," Communications Lawyer, Vol. 25, No. 2, Summer 2007
Please click here to view the article. - "Bam! Pow! Splat! Ssss...: FCC's Proposal to Restrict Violence on Television Won't Work for the Constitution or the Kids," Legal Times, Vol. 30, No. 19, May 7, 2007
Please click here to view the article. - "Courtside," Communications Lawyer, Vol. 24, No.4, Winter 2007
Please click here to view the article. - "Courtside," Communications Lawyer, Vol. 24, No. 3, Fall 2006
Please click here to view the article. - "Attack on Violent Video Games," Communications Lawyer, Vol. 24, No. 1, Spring 2006
Please click here to view the article. - "Supreme Court Protects Controversial Speech," Communications Lawyer, Vol. 20, No. 3, Fall 2002
Supreme Court Protects Controversial Speech - "Supreme Court Closes Term with First Amendment Decisions," Communications Lawyer, Vol. 20, No. 2, Summer 2002
Supreme Court Closes Term with First Amendment Decisions - "High Court Strikes Down Child Pornography Prevention Act," Communications Lawyer, Vol. 20, No. 1, Spring 2002
High Court Strikes Down Child Pornography Prevention Act - "The Realists' Guide to Redistricting - Avoiding the Legal Pitfalls," American Bar Association Section of Administrative Law and Regulatory Practice, 2000
Please click here to view the excerpt of the guide. Professional Activities: Awards- Best Lawyers in America
 | Appellate, First Amendment – 2005, 2006, 2007, 2008, 2009, 2010 |
- Chambers USA
 | Since 2003, named one of the country's leading lawyers in the areas of Appellate, Litigation and Media & Entertainment Law. In 2007, 2008 and 2009, Chambers USA also named him one of the country’s leading lawyers in the area of First Amendment Litigation. |
- Human Rights Campaign
 | Equality Award 2003 |
- Legal 500
 | Litigation: First Amendment Litigation and Counseling - 2009 Media, Technology and Telecoms: Defamation and Libel - 2008 |
- Washington DC Super Lawyers
 | Top 100 – 2007, 2008, 2009 Appellate – 2007, 2008, 2009 |
Service To The Bar- American Constitution Society
 | Member, National Board of Directors, 2003-2009 Chair, National Board of Directors, 2005-2008
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- District of Columbia Bar
 | Member, Board of Governors, 2002-2008 Litigation Section Member, Steering Committee, 1998-2001 |
- Lambda Legal Defense and Education Fund
 | Co-Chair, Board of Directors |
- Washington Lawyer's Committee for Civil Rights and Urban Affairs
 | Director |
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