Ms. Lowy focuses her practice on First Amendment and media issues. She serves as Co-General Counsel to the New Jersey Press Association and works closely with numerous news organizations and newspapers throughout the tri-state area on a variety of legal issues affecting the media. She has been involved in numerous cases in which the media has intervened as amicus in significant matters before the New Jersey Supreme Court and the Appellate Division. As part of her work for the Press Association, Ms. Lowy reviews bills introduced by the New Jersey Legislature, to identify those affecting the media, and makes recommendations to the Press Association on positions to be taken with regard to such proposed legislation. She routinely drafts position papers to be submitted to legislative committees considering bills affecting the media and has testified before the Legislature regarding same. Also as part of her work for the Press Association, Ms. Lowy receives and responds to hotline inquiries from Press Association members on issues relating to, among others: access to public records; open public meetings; access to courts; court procedures; law enforcement procedures; defamation; legal newspaper qualifications; public notices and legal advertising; invasion of privacy; New Jersey Shield Law; electronic devices in the courtroom; and regulation of newsracks.
Ms. Lowy performs a significant amount of work for various newspapers in the areas of challenges to subpoenas, challenges to Open Public Record Act denials, pre-publication review of articles, and defense of defamation/invasion of privacy lawsuits. Most recently, Ms. Lowy took a leading role in litigation brought by a newspaper against the New Jersey State Police in connection with the denial of the newspaper’s government records requests for certain New Jersey gun trace information. Although the State originally took the position that none of the records requested existed, Ms. Lowy was able to establish through rigorous and intensive depositions of State Police representatives that, in fact, more than 4,500 responsive documents existed, resulting in a settlement of the case, production of the requested government records and payment of the newspaper’s counsel fees.