First Amendment / Second Amendment Lawyer Jobs in California

Two organizations (Benbrook Law Group and the First Amendment Coalition) with which I’ve worked closely, and which I think highly of, are looking for California lawyers; application instructions are at the links.

[1.] Benbrook Law Group, a two-lawyer firm with which I’ve litigated some interesting First Amendment gun-related cases, is hiring a lawyer who will likely handle interesting free speech and gun cases, as well as other business cases:

We regularly represent one of America’s most active firearms advocacy groups in a variety of cases surrounding the possession, carry, and sale of firearms, including Second Amendment claims and administrative disputes with the federal and state governments. We litigate race and gender preference cases. We regularly handle First Amendment claims….

We also represent businesses in disputes against regulators. A material portion of our work (sometimes up to 50%) involves all sorts of traditional business and commercial litigation on behalf of plaintiffs and defendants. As we grow, we will take on more contingent fee litigation, particularly cases consistent with the goal of enhancing liberty and equal opportunity.

The firm is seeking a lawyer with at least two years of law firm experience to assist in—and ultimately help take the lead in handling—our public policy and business cases. Not only will our new hire have the opportunity to appear in court and argue, we expect them to take on that responsibility. We are open to individuals with significantly more than the minimum required experience. Outstanding writing skills are essential given the nature of our practice….

For this hire, we need a California lawyer, preferably located in California. Our office is in Sacramento, but we anticipate that this hire may live elsewhere and work remotely. In 2025, we plan on opening a Texas office and adding at least one Texas lawyer….

Consistent with our public-policy-heavy case load, salary will fall somewhere between a public interest firm and a large firm with a full-time business litigation practice. Starting compensation will also vary depending on the candidate’s experience. Performance-based bonuses can account for a material portion of overall compensation.

[2.] The First Amendment Coalition, a public interest law firm with whom I’ve worked with closely on many free speech and access to court records cases, is hiring a full-time Legal Fellow for one or two years:

Nonpartisan and nonprofit, FAC believes that the broadest range of engaged and informed communities is essential to the health of our democracy—that the values expressed by the First Amendment provide a blueprint for an inclusive, equitable society and a responsive, accountable government. To that end, FAC educates, advocates and litigates to protect and promote government transparency and First Amendment protections for all.

The Legal Fellow will report to FAC’s Legal Director and work with FAC staff to expand FAC’s strategic litigation program and our ability to provide expert legal assistance to working journalists, community members and others, with a particular focus on those in traditionally underserved communities. FAC’s legal work is focused on enhancing public access to federal, state and local government records and proceedings and protecting the First Amendment rights of free speech and press. FAC also defends press independence by providing legal assistance to journalists served with subpoenas for their confidential sources or newsgathering materials.

Core Responsibilities:

• Researching, drafting, submitting, and following up on requests for government records under the California Public Records Act (“CPRA”) or federal Freedom of Information Act (“FOIA”);
• Identifying, formulating and helping to bring cases in state or federal courts to protect transparency and First Amendment rights;
• Organizing, researching and drafting amicus briefs, and screening amicus briefs that FAC is asked to join;
• Assisting in representation of subpoenaed journalists;
• Responding to questions by journalists and community members about First Amendment concerns, access to public records and meetings and other topics;  …

Qualifications:

• … Demonstrated interest in First Amendment law and/or CPRA, FOIA, or similar access laws. A background in journalism or other work involving similar skills or experience is a plus; …
• California bar membership or application to join California bar pending results of recent bar examination;
• Preference for one or more years of legal experience working in the relevant legal areas, such as in a judicial clerkship, law firm, or non-profit organization….

Applicants are encouraged to submit materials as soon as possible; applications will be accepted through October 15, 2024.

Location: FAC has offices in San Rafael, California, but this position can be based anywhere in California.

Salary: $75,000-$85,000 depending on experience. Includes health benefits and eligibility for FAC’s 401(k) retirement plan, with a 5% employer match.

Starting date: Late summer/early fall 2025.