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 also litigates copyright and trademark matters. Steve has also defended dozens of defamation and invasion of privacy cases in both state and federal courts across the nation. He has successfully briefed and argued appeals to the Colorado Supreme Court and the U.S. Court of Appeals for the Ninth and 10th Circuits.

Steve is an active leader in the national media law bar. He is a past Chair of the American Bar Association’s Forum on Communications Law, and has chaired several other committees within the ABA and the Media Law Resource Center. Steve also serves as the President of the Colorado Freedom of Information Coalition, which educates about and promotes greater transparency in state and local governments.

Steve has taught media law and internet law at the University of Colorado and at the University of Denver’s Sturm College of Law.

Prior to becoming a lawyer, Steve was a freelance documentary producer at KQED, the public television station in San Francisco.

Steve was a partner at the highly regarded First Amendment boutique law firm Levine Sullivan Koch & Schulz, which merged with Ballard Spahr in October 2017. He launched his solo practice in January 2021.

Representative Experience

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.

Obtained the first dismissal of a libel suit against a newspaper under Colorado's anti-SLAPP statute, passed in 2019. The court found that the statements at issue, criticizing a freelance writer's decision not to cover the annual high school play, were either protected opinion or substantially true.

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.

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.

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."

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.

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.

Obtained an appellate decision 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.

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.

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.

Successfully represented A&E Television Networks in obtaining summary judgment on libel claims premised on the Gangland: Aryan Brotherhood program. The Tenth Circuit affirmed the dismissal, holding that calling the plaintiff a "member" of the Aryan Brotherhood prison gang ,when he "merely conspired with the Brotherhood in a criminal enterprise," is not actionable because it is substantially true.

Professional Highlights

Professional Activities

ABA Forum on Communications Law, past Chair
Colorado Freedom of Information Coalition, President
ABA Section on Torts, Trial and Insurance Practice, Media, Privacy & Defamation Law Committee, past Chair
Media Law Resource Center, State Legislative Committee, past Co-Chair; Newsgathering Committee, past Co-Chair; and Internet Law Committee, member
Colorado Broadcasters Association, past member, Board of Directors
Media Law Reporter (Bloomberg Law), member Editorial Board
Sturm College of Law, University of Denver, past Adjunct Professor
ACLU of Colorado, Legal Panel

Honors and Recognition

2021 First Amendment Award, Society of Professional Journalists - Colorado Pro Chapter
Chambers USA, "Leader in the Field," First Amendment Litigation (Nationwide), 2019-present
The Best Lawyers in America, First Amendment law, First Amendment litigation, media law, 2003-present
- Lawyer of the Year," First Amendment Law (Denver), 2014, 2016, 2019, 2021
- "Lawyer of the Year," Litigation - First Amendment (Denver), 2018, 2020, 2022
Colorado Super Lawyers, media & advertising, 2009-2010, 2012-2017, 2019-2022
Law Week Colorado, Lawyer of the Year 2011, 2015; Barrister's Best 2018; "People's Choice" for
- Colorado's Best Communications/Media Law Lawyer 2017, 2019
Marquis' Alfred Nelson Lifetime Achievement Award, 2018
Colorado Press Association "Friend of the First," 2014
ACLU of Colorado "Sherman Award," 2009
Colorado Lawyers Committee, Lawyer of the Year Award 1997
Martindale-Hubbell AV Preeminent rating

Oral Arguments

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18CA1316, 18CA1339, 18CA1806

14-15267 Minden Pictures v. John Wiley & Sons

34:39

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14-15267 Minden Pictures v. John Wiley & Sons

30:10

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15-16765 Anthony Delevin v. Ted Holteen

Media Appearances

Publications

December 2022

Mass Shooting at Club Q in Colorado Springs Prompts Two Successful Unsealing Battles