Rod Smolla

Senior Counsel

Rod Smolla is one of the nation’s leading defamation law and constitutional law litigators and scholars.  Rod has presented oral argument on constitutional law issues, particularly defamation matters, in scores of cases in federal and state courts throughout the nation, including the Supreme Court of the United States.  His notable recent defamation litigation successes include Dominion Voting v. Fox News, in which he single-handedly argued on behalf of the plaintiff Dominion the successful defeat of Fox’s motion to dismiss, and then co-argued the successful defeat of Fox’s motion for summary judgment—setting up a record-breaking $787.5 million settlement by Fox.  In 2024, in Goldfarb v. Channel One Russia, he successfully argued and secured a $25 million judgment in a defamation action in the Southern District of New York on behalf of a former Russian dissident against a Russian media outlet.  He has handled many high-profile defamations matters on behalf of plaintiffs against defendants as various as The New York Times, Fox News, The National Enquirer, and Netflix. 

Rod is also a distinguished scholar, writer, and educator.  He is the author of over 100 scholarly articles, and a frequent author of books for general audiences.  His scholarly works have been cited by courts over 600 times, including many United States Supreme Court Justices, state supreme courts, federal appeals courts, and trial courts throughout the country. His works have been cited by other scholars and writers over 7,000 times. He is the author of several books and five multi-volume legal treatises, including Law of Defamation (which has for decades been widely regarded as the leading American treatise on defamation law). Most colorfully, his book Deliberate Intent: A Lawyer Tells the True Story of Murder by the Book (Crown Publishers 1999), described Rod’s successful advocacy in the notorious Hit Man case, in which he represented the families of murder victims in a suit against the publisher of a murder instruction manual used by an assassin to carry out three murders.   The book was made into a television movie by FX, in which the  Oscar-winning actor Timothy Hutton played the role of Rod.  Not surprisingly, he is often in demand as a guest or commentator in media broadcasts or articles on legal matters, such as CNN and The New York Times.

Rod has also long been one of the nation’s leading educators.  He served as President of Furman University, as Dean of the law schools at Richmond, Washington & Lee, and Delaware, as President of the Vermont Law and Graduate School, and as a faculty member or visiting faculty member at Duke, Illinois, William & Mary, Arkansas, Georgia, Indiana, Denver, DePaul, and the University of Melbourne.  He is a native of Chicago, and a graduate of Yale, where he played football, and Duke Law School, where he graduated first in his class. Not surprisingly, he is often in demand as a guest or commentator in media broadcasts or articles on legal matters, such as CNN and The New York Times.

Representative Matters

  • Dominion Voting v. Fox News and Fox Corporation, Superior Court of Delaware (co- counsel with Susman Godfrey and Clair Locke Firms in suit brought by Dominion against Fox News; argued motion to dismiss for Dominion and was one of three advocates who argued motion for summary judgment for Dominion) 

  • Dominion v. Newsmax, Superior Court of Delaware (co-counsel in litigation by Dominion against Newsmax arising from 2020 election) 

  • Goldfarb v. Channel One Russia and RT America, United States District Court for the Southern District of New York (co-counsel for plaintiff, Alex Goldfarb, a human rights activist, in defamation suits against Russian media outlets arising from false claims that Goldfarb was complicit in the death through radioactive poisoning of Russian dissident Alexander Litvinenko in England.) 

  • Goodier v. Cousins, Supreme Court of Delaware (lead counsel for defamation defendant Rosemary Goodier in successful appeal in the Supreme Court of Delaware arising from suit in which Goodier criticized another Delaware lawyer’s bringing of a suit to block a school board from abandoning the use of Native American symbols and mascots) 

  • Harvey v. Cable News Network, United States District Court for the District of Maryland (lead counsel for defamation Lev Parnas in successfully arguing motion to dismiss in defamation suit brought by Derek Harvey, CNN, and others relating to issues concerning Donald Trump, Hunter Biden, and Ukraine) 

  • We Charity Inc. v. Canadian Broadcasting Corporation, United States District Court for the District of Columbia (co-counsel in defamation action arising from defamation against charity “We Charity” against CBC) 

  • Jevremovic v. Courville, United States District Court for the District of New Jersey (co- counsel for defamation plaintiff in case arising from mental health counseling activities of plaintiff in relation to celebrities) 

  • Goodman v Dohmen, Supreme Court of Delaware (lead counsel in Delaware Supreme Court on matter certified from the United States Supreme Court regarding interpretation of Delaware Corporate Law) 

  • Uhlfelder v. De Santis, First District Court of Appeal, Florida (co-counsel representing attorney Daniel Uhlfelder presenting First Amendment defenses arising from Uhlfelder’s attacks on Florida Governor Ron De Santis’s handling of matters relating to COVID pandemic, in which Uhlfelder dressed as grim reaper and walked Florida beaches to 

    protest the Governor’s policies) 

  • Nona Gaprindashvili v. Netflix, Inc., United States District Court for the Central District of California (co-counsel for plaintiff Nona Gaprindashvili in defamation suit against Netflix arising from the popular series The Queen’s Gambit

  • Williams v. Netflix, Inc., United States District Court for the District of Delaware (co- counsel in defamation action on behalf of plaintiff arising from the Netflix series Inventing Anna

  • Romeril v. Securities and Exchange Commission, United States Supreme Court, author of Amicus Brief entitled “Brief of Constitutional Law & First Amendment Scholars in Support of Petitioner (2022) 

  • Calvert v. Fox, Superior Court of Los Angeles (co-counsel for plastic surgeon plaintiff in defamation suit against local television affiliate of Fox) 

    Richard Simmons v. American Media (co-counsel in defamation lawsuit by exercise celebrity Richard Simmons against The National Enquirer) Court of Appeal of California, Second Appellate District; Los Angeles County Superior Court 

  • J. Kyle Bass v. United Development Funding, L.P., Court of Appeals for the Fifth District of Texas (co-appellate counsel in business disparagement claim on behalf of plaintiff in a “short and distort” hedge fund dispute) 

    Phi Kappa Psi v. Rolling Stone Magazine (co-counsel in defamation suit against Rolling Stone magazine arising from fabricated gang-rape story at the University of Virginia), Circuit Court for the City of Charlottesville, Virginia 

  • Chapman v. New York Times Company (co-counsel in defamation action against The New York Times), United States District Court for the Southern District of New York 

  • Matal v. Tam, Supreme Court of the United States, (co-counsel with Floyd Abrams on amicus brief in First Amendment / trademark case) 

  • Virginia v. Black, Supreme Court of the United States (Lead counsel and presented oral argument in U.S. Supreme Court; also lead counsel and presented oral argument in Supreme Court of Virginia and Virginia Court of Appeals) (free speech case involving challenge to Virginia’s cross-burning law) 

  • Chevron Corp. v. Berlinger, United States Court of Appeals for the Second Circuit (Co- counsel) (journalist’s privilege case involving outtakes from a documentary film) 

  • Condit v. National Enquirer, Inc. United States District Court for the Eastern District of California (Co-counsel for Plaintiff Carolyn Condit, presented oral argument) (libel case involving Carolyn Condit, spouse of Congressman Gary Condit, arising from Enquirer article suggesting Carolyn Condit was complicit in disappearance or murder of Chandra Levy) 

  • Pape v. Florida Bar, Supreme Court of the United States (Counsel of record on Petition for Certiorari) (First Amendment lawyer advertising case) 

  • Cobb v. Time, Inc., Supreme Court of the United States (Co-counsel and principal author of Petition for Certiorari) (libel case arising from Sports Illustrated article—represented defamed plaintiff) 

    Anheuser-Busch, Inc. v. Mayor and City Council of Baltimore City, Supreme Court of the United States (Co-counsel on Petition for Certiorari) (commercial speech case involving billboard advertising—represented Anheuser Busch) 

  • Hustler Magazine v. Falwell, United States Supreme Court (Co-counsel for Amicus and principal author of Brief Amicus Curiae) (Intentional infliction of emotional distress claim pitting Larry Flynt against Jerry Falwell—represented major American news organizations in support of Larry Flynt on grounds that parody and satire protected under the First Amendment) 

Publications

  • Law of Defamation (Second Edition, Thomson Reuters West 1999).

  • Smolla and Nimmer on Freedom of Speech: A Treatise on the First Amendment  (Thomson Reuters West, 3d Edition 1996 (3 volumes)).

  • Rights and Liabilities in Media Content: Internet, Broadcast, and Print (Thomson Reuters West 2010, 2nd Edition) (2 volumes) (supplemented twice annually).

  • Federal Civil Rights Acts (Thomson Reuters West 3d Edition 1994) (2 volumes) (supplemented twice annually). 

  • Law of Lawyer Advertising (2 volumes) (Thomson/West 2006) (supplemented annually). 

  • Constitutional Law: Structure and Rights in Our Federal System (8th edition Carolina Academic Press 2024) (co-authored with Professor William C. Banks and Professor Daan Braveman of Syracuse University (supplemented annually). 

  • The First Amendment: A Contemporary Approach (West Academic Publishing 2024) (co-authored with Professor Alan Garfield of Delaware Law School).

  • The First Amendment: Freedom of Expression, Regulation of Mass Media, Freedom of Religion (Carolina Academic Press 1999).

  • First Amendment Law Handbook (Rod Smolla Editor) (Thomson Reuters West) (Annual compilation of most notable scholarly works in First Amendment Law) (Editor of 2005, 2006 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 Editions) 

  • Copyright Law Anthology (Rod Smolla Editor) (Thomson Reuters West (Annual compilation of most notable scholarly works on Copyright Law) (Editor of 2009 and 2010 Editions) 

  • Encyclopedia of American Civil Liberties, (Editor, Paul Finkelman, Associate Editors, Rodney Smolla, Gabriel Chin, Davison Douglas, Melvin Urofsky, Mary Volcansek) (3 Volumes) (Routledge 2006) 

  • The Bill of Rights, the Courts, and the Law, Virginia Foundation for the Humanities and Public Policy, 1999 (co-authored with Lynda Butler, A.E. Dick Howard, Robert O’Neil, Barbara Perry, Melvin Urofsky, and edited by David Bearinger) 

Service, Civic, and Professional Activities

  • Member and Working Group Facilitator and Chair, Delaware Supreme Court Task Force on Diversity, Equity, and Inclusion for the Delaware Bar (2021-22) 

  • Member Delaware Commission on Law and Technology (2015-22) 

  • Member Delaware Access to Justice Commission (2017-22) 

  • Board of Directors, Media General Corporation (April 2006 to 2014) (Member of Executive Committee, Compensation Committee, and Nominating and Governance Committee (Chair)) 

  • Board of Directors, American Arbitration Association (2005 to 2017); Member of Executive Committee (October 2011 to 2017); Member of the Audit Committee (2015 to 2017) 

  • Board of Directors, Greenville, S.C., Chamber of Commerce (2011 to 2013) Board of Governors, Virginia Bar Association (2009 to 2010) 

  • Member, “Committee A” On Academic Freedom and Tenure, American Association of University Professors (2003) 

  • Consultant to Radford University, Radford, Virginia, on Issues Relating to Internal Governance Reform (2012-2013) 

  • Board of Trustees, Council for America’s First Freedom (2006 -2010) (Chairman of the Board, 2009-10) 

  • Board of Directors, Virginia Coalition for Open Government (2004- 2010) Board of Directors, Greater Richmond Bar Association (2006-07) 

  • Board of Directors, Richmond Faith Leaders Initiative (Initiative to Address Crime, Social Justice, and Quality of Life Issues in Richmond Metro Area) (2003-07) 

  • Board of Directors, National Center for Family Law, Richmond, Virginia (2006-2010) Board of Directors, John Marshall Park Foundation (2004- 2010) 

  • Board of Governors, Virginia State Bar Education of Lawyers Section (2003- 2010) Member, Virginia Bar Association Special Issues Committee (2004-2010) 

  • Chair, Media Institute Cyber-Education Project (2007-2010) 

  • Law School Dean Representative, American Inns of Court (2009-2010) 

  • Board of Advisors, Arizona State University Law School Washington Program (2009- 2010) 

  • Member, Curriculum Committee, American Bar Association Section on Legal Education and Admissions to the Bar (2004-2010) 

  • Chair, Merit Screening Committee, Federal Public Defender for the United States District Court for the Eastern District of Virginia (2006) 

  • Chair, University of Richmond Faculty Council (2002 - 2003) 

  • Member, Association of American Law Schools Committee on Sections and Annual Meeting (1993 - 1996) 

  • Member, Blue Ribbon Committee to Review Information Policy in Virginia (1992 to 1994) 

  • Chair, Association of American Law Schools Conference on Constitutional Law (Summer 1993) 

  • Chair, Association of American Law Schools Section on Defamation and Privacy (1991 to 1993) 

  • Member, Task Force on Drug-Testing in the Workplace, Institute of Bill of Rights Law (1990 to 1991) 

  • Chair, Association of American Law Schools Section on Mass Communications Law (1989 to 1990) 

  • Reporter, Bill of Rights Advisory Committee to the Commission on the Bicentennial of the United States Constitution (1989) 

  • William and Mary Committee to Draft University Mission Statement, (1994 to 1995) 

  • Legal Counsel, William and Mary President's Committee to Review University Student Publications Policies (1994) 

  • First Amendment Advisory Council, The Media Institute, Washington, D.C. (1990 to present) 

  • Editorial Board, Communications Law and Policy, Association for Education in Journalism and Mass Communication (2006 – 2008) 

  • Advisory Board, First Amendment Congress (1988 -1990) 

  • American Bar Association Delegate to the Uniform Commissioners on State Laws Committee on a Defamation Act (1990 – 1992) 

  • Litigation Steering Committee Member, American Association of University Professors (1993 – 2003) 

  • Member, Board of Advisors, The Communications Lawyer (ABA publication) (2003 – 2009) 

  • Board of Advisors, Bill of Rights Institute, Washington D.C., Advisory Council (2003- 2010) 

  • Advisory Committee, Council for America's First Freedom (1988 – 1988) Consultant, Jamestown/Yorktown Foundation (1988 – 1990) 

  • Board of Directors, Williamsburg Montessori School; Chair, Elementary School Expansion Committee; Chair, Capital Campaign Committee (1993 – 1995) 

Education

  •  J.D., Duke University School of Law, 1978 (Graduated First in Class; Note and Comment Editor, Duke Law Journal; American Jurisprudence Awards in Torts andConstitutional Law; Order of the Coif).

  • B.A. cum laude, Yale University, 1975 (Majored in American Studies; Scroll and Key Senior Society; played on Yale Football team until sophomore knee injury; Chief Aide to Master of Timothy Dwight College; Broadcaster for Yale Football Games)

Experience

  • Senior Counsel, Meier Watkins Phillips Pusch (July 2025-present)

  •  President, Vermont Law and Graduate School (July 2022 to July 2025)

  • Dean and Professor of Law, Delaware Law School, Widener University (July 2015 June 2022) 

  • Visiting Professor of Law, University of Georgia School of Law (2014-2015) 

  • Visiting Professor of Law, Duke University School of Law, Durham, North Carolina (August – December 2013) 

  • President, Furman University, Greenville, South Carolina (July 1, 2010, to June 30, 2013) Commissioner, South Carolina Commission on Higher Education (2011 – 2013) 

  • Dean and Roy L. Steinheimer, Jr., Professor of Law, Washington and Lee University School of Law, Lexington, Virginia (July 2007 – July 2010) 

  • Dean and George Allen Professor of Law, University of Richmond, T.C. Williams School of Law (Dean July 2003 to July 2007; Allen Professor beginning in August 1998) 

  • Visiting Fellow, University of Melbourne School of Law, Melbourne, Australia (Summer 2008) (taught comparative course in American and Australian Defamation and Media Law) 

  • Visiting Fellow, University of Melbourne School of Law, Melbourne, Australia (Summer 2006) (taught comparative course in American and Australian Defamation and Media Law) 

  • Arthur B. Hanson Professor of Law, and Director, Institute of Bill of Rights Law, College of William and Mary, Marshall-Wythe School of Law, Williamsburg, Virginia (1988 to 1998) (Director of the Institute of Bill of Rights Law from 1988 to 1996) 

  • Visiting Professor of Law, Duke University School of Law, Durham, North Carolina (Spring Semester 1992) 

  • Consultant and Senior Fellow, the Annenberg Washington Program in Communications Policy Studies of Northwestern University (1987 to 1996) (Director and Principal Draftsman for Annenberg Washington Program Libel Reform Project) 

  • Visiting Professor of Law, University of Denver School of Law, Denver, Colorado (1987-1988) 

  • Associate Professor, University of Arkansas School of Law, Fayetteville, Arkansas (1984-1987); Assistant Professor (1983-1984) 

  • Visiting Professor, University of Illinois College of Law, Champaign, Illinois (Summer 1984) 

  • Visiting Professor, Indiana University School of Law, Bloomington, Indiana (Summer 1983) 

  • Assistant Professor, University of Illinois College of Law, Champaign, Illinois (1981- 1983) 

  • Assistant Professor, DePaul University College of Law, Chicago, Illinois (1980-1981) 

  • Private Legal Practice: Associate, Mayer Brown, & Platt, Chicago, Illinois, (1979-1980) 

  • Law Clerk to Judge Charles Clark, United States Court of Appeals for the Fifth Circuit, Jackson, Mississippi (1978-1979) 

  • Summer Associate, Covington & Burling, Washington, D.C. (Summer 1977) 

Admissions

  • District of Columbia 

  • Delaware

  • Illinois

  • Vermont 

  • Commonwealth of Virginia

  • United States Supreme Court 

  • U.S. Court of Appeals for the Second Circuit 

  • U.S. Court of Appeals for the Third Circuit 

  • U.S. Court of Appeals for the Fourth Circuit 

  • U.S. Court of Appeals for the Seventh Circuit 

  • U.S. Court of Appeals for the Ninth Circuit 

  • U.S. District Court for the District of Columbia Circuit 

  • U.S. District Court for the District of Delaware 

  • U.S. District Court for the Eastern District of Virginia 

  • U.S. District Court for the Northern District of Illinois