Rachel Fugate

Practice Areas

Rachel is an experienced media and First Amendment attorney. She represents national media companies, local and regional newspapers and television stations, streaming services, book publishers, film producers, reality television programs, artists, and non-profit corporations.

Rachel litigates with an emphasis on media, internet and First Amendment disputes. She defends content creators in complex defamation, invasion of privacy, and other content-related claims and prosecutes actions for access to government records and proceedings. As an appellate lawyer, Rachel has appeared before all Florida District Courts of Appeal and has argued matters before the Florida Supreme Court and Eleventh Circuit Court of Appeals. With a content-related focus, she has prepared amicus briefs on issues including satire as fair use, the abolishment of false light in Florida and the contours of Florida's anti-SLAPP statute, and has filed numerous emergency certiorari petitions for access to government records.

Rachel’s practice also concentrates on preventive litigation measures and and providing newsroom counsel services to her clients. She provides daily advice on a variety of content related issues and publication practices, including pre-broadcast, pre-publication and clearance review, fair use review and analysis, advice on newsgathering techniques, responses to takedown requests, retraction demands and subpoenas, and access to public records.

Professional Memberships

American Bar Association’s Forum on Communications Law

Media Law Committee of The Florida Bar

Publications

Co-Author, Access to Juvenile Records & Proceedings, Reporter’s Handbook, The Florida Bar.

Co-Author, Proposed Florida Defamation Legislation, MLRC MediaLawLetter (June 2023)

Co-Author, Cloud Over 2004 Hurricane Relief Aid Finally Lifts as Appellate Court Tells FEMA to Hand Over Addresses, MLRC MediaLawLetter (June 2007).

Co-Author, Anatomy of a First Amendment Retaliation Claim, MLRC MediaLawLetter (December 2005).

Co-Author, CNN Sues Florida for Copy of Suspected Felon List, MLRC MediaLawLetter (June 2004).

Author, Choppy Waters are Forecast for Academic Free Speech, 26 Fla. St. U. L. Rev. 187 (1998).

Author, The Florida Constitution: Still Protector of Citizens’ Rights?, 25 Fla. St. U. L. Rev. 87 (1997).

Personal

Order of the Coif

Order of the Barristers

Florida State University Law Review, Legislative Editor

Florida State University Moot Court, Vice President

Education

Awards