John M. Browning

Partner

Other people may not like what you have to say, but I'll defend your right to say it.

Jack Browning advocates for journalists, authors and content creators across a wide range of media law, First Amendment, and intellectual property issues. He has represented clients in lawsuits involving defamation, copyright infringement, SLAPP, invasion of privacy, reporters' shield laws, right of publicity, trademark infringement, and false advertising. Jack has argued in state and federal court – including emergency prior restraint and reporter access matters – and has significant experience before federal and state courts of appeal.

Through his extensive work in news rooms and television studios and with publishers of all stripes, Jack has developed a deep understanding of the news, book publishing and television industries. He uses this knowledge to solve problems and handle risk. He has counseled and provided pre-publication review services for a diverse array of media clients including The New York Post, "Last Week Tonight with John Oliver," "VICE," "The Outline," "The Patriot Act with Hasan Minhaj," The Sun (UK), The Guardian, The Times (UK), The Times Literary Supplement, WNYC, The Tablet, A&E, "Live PD," The New York Daily News, In Touch, Chalkbeat, The CITY, National Geographic, Sports Illustrated, Octopus, Vox, Hachette ITV and Comedy Central. Jack has handled pre-publication legal review for non-fiction books and investigative journalism about controversial topics. Jack was also honored to serve as legal counsel for the first season of the reality television show "Love Island (USA)."

Practice Highlights

Transatlantic media law counseling

Routinely advises U.S. publishers on English media law and counsels U.K. publishers on issues arising under American law. In 2016, he was seconded to London, where he worked for The Times, The Guardian, and The Sun. Jack draws on this experience and his English upbringing to provide effective counsel for publishers working on both sides of the Atlantic.

Access and public litigation

Frequently advocates for journalists who have been denied access to sealed judicial and government documents. Because news is a perishable commodity, he understands the urgency of these matters and has successfully argued access matters in state and federal courts.

Pre-broadcast review for television

Through his work with "Last Week Tonight with John Oliver," "The Patriot Act with Hasan Minhaj," "Live PD," "VICE News Tonight" and others, Jack has developed extensive experience counseling television clients. Jack takes a problem-solving approach to his pre-publication work and advises on a wide range of issues, including copyright fair use, defamation, and invasion of privacy.

Hachette v. Internet Archive

Representing four major book publishers (Hachette Book Group, HarperCollins, Penguin Random House, and John Wiley & Sons, Inc.) in high-profile copyright infringement lawsuit against the Internet Archive. The Internet Archive distributes scans of millions of print books without permission under its "Open Library" service, including for several months under the banner of a National Emergency Library. The complaint challenges the Internet Archive's claims of fair use. (S.D.N.Y. Ongoing)

Jones et al v. BuzzFeed

Defending BuzzFeed and two of its employees from defamation claims brought by two Tuscaloosa law enforcement officers arising out of a BuzzFeed report that raised multiple questions about Tuscaloosa law enforcement's investigation into a college student's allegation of rape against the son of a powerful Tuscaloosa businessman. (N.D. Al. 2022)

Berisha v. Lawson et al.

Represented investigative journalist Guy Lawson and his publisher, Simon & Schuster, against defamation claims brought by the son of the former Albanian prime minister over his portrayal in "Arms & The Dudes," which told the true story of three 20-somethings who became international arms dealers and inspired the major motion picture "War Dogs." The district court granted summary judgment in our favor and dismissed the case for lack of actual malice. The 11th Circuit affirmed in a decision that also created precedent that the attorney-client privilege covers pre-publication legal review communications between a publisher's attorney and a freelance author. (S.D.Fla. 2018; 11th Cir. 2020)

Jeehoon Park v. Skidmore Owings & Merrell, et al.

Represented SOM and other defendants in an architectural copyright infringement action brought by an architect who claims 1 World Trade Center infringes his graduate school design for a skyscraper. Amicably settled. (S.D.N.Y. 2019)

Leidig et al v. BuzzFeed

Obtained dismissal of defamation claim brought against BuzzFeed by the owner of a news wire service specializing in viral content, which BuzzFeed profiled in an article entitled "The King of Bullsh*t News." The district court granted our motion for summary judgment on the ground that the article was true. The 2nd Circuit affirmed. (S.D.N.Y. 2019; 2d Cir. 2020)

Admitted to Practice

New York, 2014
U.S. District Court, Southern District of New York, 2014
U.S. District Court, Eastern District of New York, 2014

Education

J.D., Columbia Law School, 2013
- Editor-in-Chief, Columbia Journal of Law and the Arts
- Research Assistant to Jane Ginsburg, Tim Wu and Suzanne Goldberg
- Art Law Extern and Teaching Assistant, Volunteer Lawyers for the Arts
- Michael D. Remer Memorial Award for Aptitude in Arts and Copyright Law, 2013
B.A., Classics and English, Oxford University, 2009
- Double First Class Honors

Memberships & Affiliations

- Secretary, Media & Communications Committee, New York City Bar Association, 2014-present
- Editor, ABA Communications Forum Diversity Moot Court Competition, 2014-present
- Associate Board Member, Volunteer Lawyers for the Arts, 2014-present

Professional Recognition

- Named "One to Watch" by Best Lawyers in Entertainment and Sports Law, 2024-2025
- Selected to "New York Rising Stars" in Intellectual Property, Thomson Reuters, 2021-2024
- Named as one of "500 Leading Global Entertainment, Sports & Media Lawyers" by Lawdragon, 2025

Background

- Associate, Proskauer Rose LLP, New York, N.Y., 2013-2015
- Legal Intern, Marvel Entertainment, New York, N.Y., 2013
- Legal Consultant and Adjunct Scholar, Lapham's Quarterly Magazine, New York N.Y., 2011-2013
- Summer Associate, Proskauer Rose LLP, New York, N.Y., 2012
- Legal and Business Affairs Intern, AMC Networks, New York, N.Y., 2011