We practice blue and white collar Criminal Defense, Drunk Driving/ DUI/ DWI and Immigration law in state and federal courts throughout Maryland, Washington, D.C., and Virginia, including the counties of Montgomery, Fairfax County, Arlington, Prince George's, Alexandria, Howard, Frederick, Anne Arundel, Prince William, and Loudoun.

How We Bill/Contact Us:

MONTGOMERY COUNTY

justice@markskatz.com

     Marks & Katz was founded by a couple of eternal idealists who continue to believe that justice is not just a dream, justice is not just an ideal, and justice is not to be relegated to dusty library stacks. We kept this ideal alive before, during, and after law school, when many around us thought we were being quixotic. This ideal drives our law firm and what we do for our clients every day. We put our clients ahead of money, focus on winning advocacy, and maintain strong passion for our clients and their causes. Our founding law partners Jay Marks and Jon Katz met in 1969, attended public school together, trust each other deeply, and work closely together. We opened in 1998 after working many years at other law offices. We are dedicated to justice, welcome tough cases, and never shy away from controversy. 

Overview of Marks & Katz, LLC

Marks & Katz, LLC, in the News

Marks & Katz on the Podium

Marks & Katz - Fighting for Justice, Because Justice is a Necessity

Our partners Jay Marks and Jon Katz entered law school in the 1980's with a dream of doing justice with our legal training. That dream ultimately led us to open Marks & Katz, LLC, in 1998, where we focus on justice and the underdog, where we put our clients ahead of money, and where we devote ourselves to winning advocacy. 

We fight tirelessly for justice in all arenas, including the trial and appellate courts, administrative agencies, and the negotiating table. Our attorneys, combined, are licensed to practice before numerous state and federal courts, including the United States Supreme Court and the courts in Maryland, the District of Columbia, Virginia and Illinois. We are unrelenting in our fight for justice. 

We focus on causes for which we are passionate, with Jay as our immigration and personal injury partner, and with Jon as our criminal defense and individual rights partner. Deeply committed to equal access to justice, we have a spirited pro bono practice, which has included advocacy for indigent immigrants, demonstrators, criminal defendants, and numerous other underdogs. We also volunteer our time to various organizations serving justice. Jay is past Vice President and Legal Counsel to Marcelino Pan y Vino, a major local community service organization, and he provides legal information at free local law days. Jon is President and a founder of the Free Speech Coalition of the District of Columbia, Maryland and Virginia, and he provides legal assistance for students' and teachers' rights through the Foundation for Individual Rights in Education.

Further benefiting equal access to justice, we provide a multilingual law firm. Jay speaks fully fluent Spanish and Portuguese. Jon speaks fluent French and intermediate Spanish. Our legal assistant speaks fluent Spanish. 

Jay and Jon work as a close team, with the benefit of a shared passion for justice, uncompromising dedication to our clients, and friendship and trust that dates back to our days together in public school in Fairfield, Connecticut. 

Marks & Katz strongly believes in charging a fair price for quality legal representation (click here). We welcome requests for legal assistance, and will be delighted to speak with you. We are also delighted to spread the word of justice through local speaking engagements. Call us for more information.

Marks & Katz, LLC, frequently appears in the news and media through interviews, articles and presentations. We respond promptly to all members of the media, and are sensitive to journalists' deadlines. The media are welcome to contact partners Jay Marks and Jon Katz for legal views and information. Marks & Katz's past media coverage includes the following: 

Radio Zol 99.1 FM- Partner Jay Marks appears every Wednesday (8:30 a.m.) and Sunday (10:00 a.m.), making sense of the complex immigration laws. 

Federal News Radio (October 4, 2006) - Providing a criminal defense view on the Mark Foley scandal. 

WJZ TV (Baltimore CBS affiliate) (August 29, 2006) - Partner Jon Katz discusses Marks & Katz's representation of the Westboro Baptist Church against a Maryland federal court defamation suit filed by the father of a marine killed in Iraq. The WJZ news story hits it on the head that Jon is disgusted by the church’s messages that are the basis of this baseless libel action, but that he believes strongly in their right to express them. See the interview here. See our article on the issue here. 

WETA Radio 90.9 FM (August 2, 2006) - Partner Jon Katz fields questions from Intersection program's host and callers, to make sense of the dizzyingly different approaches to criminal law in the District of Columbia, Maryland, Virginia, and the federal courts. 

Free Speech Radio News (June 28, 2006) - Partner Jon Katz supports the New York Times's right to report on the SWIFT program without threat of prosecution. See the podcast and more in our blog entry.

WMAL Radio - Washington, DC (April 26, 2006). WMAL interviewed Jon Katz about the jury's sentencing deliberations in the Zacarias Moussaoui trial. As detailed in our Justice Blog, Jon affirmed his opposition to the death penalty, particularly here where Mr. Moussaoui is not accused of pulling a trigger or being present at the time a trigger was pulled. Jon underlined that the jury has a monumental task, both technically (tackling a forty-page jury verdict sheet and detailed jury instructions), and practically, with the effect that the verdict will have not only on Mr. Moussaoui's life, but on future prosecutions seeking the death penalty against people who are not found to be the triggerperson or present with the triggerperson. Jon emphasized that the jury must be permitted as many days, weeks, or months that it needs to return a verdict.

WOCM 98.1 FM (Ocean City, Maryland) (April 20, 2006)- In celebration of the annual 4/20 marijuana legalization events, partner Jon Katz promotes the legalization of marijuana for medical, personal, and industrial use. See here for the station's synopsis. The same evening, Jon speaks on the criminal defense of drug cases at the invitation of the University of Maryland chapter of the National Organization for the Reform of Marijuana Laws, after the screening of Busted. 

WJZ TV (Baltimore CBS affiliate) (March 2, 2006) - Partner Jon Katz voices his opposition to Maryland bill criminalizing so-called upskirting and downblousing photography. See the interview here. See Jon's article on the issue here. 

The O'Reilly Factor ( Fox Television News) (January 25, 2006). Partner Jon Katz returns to spar with Bill O'Reilly, this time on whether to dismiss the mistried counts in the criminal prosecution of Professor Sami Al-Arian, who was acquitted by a jury of the most serious charges against him for allegations related to terrorism. Jon emphasized that the jury has already spoken after a multi-million dollar, six-month trial where Professor Al-Arian was detained for over three years, presumed innocent every step of the way under the law. It is now time to move on. Jon pointed out that Professor Al-Arian's attorneys successfully argued to the jury that the First Amendment does not permit a conviction based solely on the defendant's views. Click here for Jon's additional views.

BBC Radio 1 (Taped January 18, 2006) BBC's entertainment channel interviews partner Jon Katz about sorely misguided efforts to censor and suppress adult entertainment. Jon emphasizes that the First Amendment requires robust protection of such material, and that the First Amendment exists to protect controversial expression, in that non-controversial expression needs little Constitutional protection. In other words, "Monsieur l'abbé, I detest what you write, but I would give my life to make it possible for you to continue to write." Voltaire, letter to M. le Riche, February 6, 1770. Furthermore, explicit adult entertainment has become so mainstream as to be found on major hotel pay-per-view options; under such circumstances, prosecutors face uphill battles to obtain obscenity convictions, and should focus their resources elsewhere. . 

Clear Channel's KLSD Talk Radio AM 1360 (November 10, 2004) - On the heels of partner Jon Katz's Janet Jackson interview in USA Today (click here), KLSD Radio (San Diego, CA) matches Jon in a free-for-all against a representative from Parents Television Council who supports the $500,000 fine for the one-second exposure of Janet Jackson's breast during the Super Bowl. Jon emphasizes that the First Amendment prohibits the fine. He also asks the reason for fear of women's breasts in American society. We see, and rightfully allow, women's exposed breasts in shopping malls for breastfeeding; men are not obligated to cover their breasts; but Janet Jackson's one-second breast exposure brings a half-million-dollar FCC fine.

TQS TV (Canada) (November 1, 2004). On the eve of the United States' presidential election, Canadian TV news asks partner Jon Katz (in a French-language interview) about how far the nation has really come from the razor-thin 2000 election. Is balloting any more secure from inaccuracy and fraud? Answer: The system is still inadequate. What are the prospects for litigation over the election result? Answer: Court battle is a certainty if the outcome of a litigation victory would get the challenging party's candidate into the White House.  

WKY Radio (June 23, 2004). WKY's Dax Davis conducted a lengthy, live, spirited interview with Partner Jon Katz, with both decrying the Federal Communication Commission's power to impose stiff fines for so-called "indecent" broadcasting. Jon and Dax agreed that the term indecent broadcasting is ill-defined, and Jon railed against the First Amendment violations and censorship inherent in fining "indecent" broadcasting. Jon pointed out that the power we give to today's conservative censor can just as easily be abused by tomorrow's liberal censor. This indecent broadcasting issue has raised more attention after the Janet Jackson Super Bowl scandal and several radio stations' removal of  the Howard Stern show. 

Bill O'Reilly's Radio Factor (May 5,  2004). Partner Jon Katz was interviewed about a story that Los Angeles health officials failed to obtain subpoenas in demanding health records of over fifty adult entertainment actors and actresses, in the midst of positive HIV tests of several adult industry members; the demand was made to an HIV-testing organization that turned over the records. 

Jon asserted that very private documents were demanded, and that this called for the parties to have their day in court, and to prohibit such seizures absent a court-ordered subpoena. Jon argued in favor of strong privacy protection against the government for such information, particularly of people who have not even tested positive for the HIV virus. The backlash could translate into fewer HIV tests by adult entertainment actors and actresses; confidentiality helps promote AIDS testing.

ABC 7 News/WJLA - Washington, DC (May 2, 2004). ABC 7 News interviewed Criminal Defense partner Jon Katz on the defense strategy in the Kobe Bryant case, the rape shield law issue, and the approach to winning a rape trial for a defendant. 

TALK RADIO NEWS SERVICE (April 13, 2004) - Conservative radio host George Russell interviewed partner Jon Katz about a United State's marshal's scandalous insistence that a journalist erase her audiotape of a public speech by Supreme Court justice Antonin Scalia. Jon expressed his agreement with justice Scalia that the marshal's actions were plain wrong. Jon pointed out that in this instance First Amendment rights were violated during a talk by a conservative, but that free expression rights also can be violated when the speaker is from the other end of the political spectrum, as with Jon's defense of Ben Wetmore, who had his camcorder seized while videotaping an on-campus speech by Tipper Gore at American University. The interview was broadcast live on the Internet on WNTK radio's website.

NBC's TODAY SHOW (March 23, 2004) - TODAY interviewed partner Jon Katz about the wisdom of starting a .xxx Internet domain. Jon expressed his opposition to such a move, in that this will make it more likely to increase efforts unconstitutionally to censor adult entertainment. Jon's views were also covered in audio on Voice of America online (reprinted in Domains Magazine), followed by an opposing viewpoint, in New Republic online (reprinted by CBS online). 

ABC 7 News/WJLA - Washington, DC (May 2, 2004). ABC 7 News interviewed Criminal Defense partner Jon Katz on the defense strategy in the Kobe Bryant case, the rape shield law issue, and the approach to winning a rape trial for a defendant. 

France 5 Television (February 10, 2004). Partner Jon Katz was interviewed about the plea bargaining system in the United States for a one-hour program, as France expands the availability of plea bargaining in its own criminal courts. Jon addressed unjust aspects of plea bargaining, including the pressure that innocent criminal defendants sometimes feel to plead guilty to lesser charges or a recommendation of a particular sentence -- especially in the draconian federal prosecution system that penalizes people for going to trial if they are then found guilty -- when the risks look high of being found guilty, anyway, and being sentenced harshly. When a criminal defendant has competent counsel, It is generally wise to plead not guilty when the sentence is unlikely to be more adverse whether the defendant is found guilty through a trial or through a guilty plea. When the criminal defense lawyer recommends a guilty plea to a client, it must be with the intent of reducing harm, and must come from a position of strength.  

Univision Television News, Channel 30 (October 14 2003). Univision television news interviewed 

partner Jay Marks about the commencement of the sniper trial against John Allen Muhammad in Virginia Beach, Virginia. Univision, which is the Washington area's primary Spanish language television station, repeatedly turns to Jay for legal commentary on topics running from immigration law to criminal law to foreign affairs and individual rights. Jay is fully fluent in Spanish, and has been providing broadcast legal commentary for many years. On this October 14 interview date, both of Marks & Katz's partners provided broadcast interviews on the sniper case (see next). 

WMAL Radio - Washington, DC (October 14, 2003). WMAL's Charlie Warren Show interviewed Jon Katz at length about the commencement of the sniper trial against John Allen Muhammad. Jon's points included: (1)The sniper suspects likely will not get a fair trial because of al the months of intensive and extensive pretrial news coverage; therefore, the alternative is to seek the least unfair trial possible. (2) Suspect John Malvo is taking a big risk by pleading insanity; if he is found insane he may spend the rest of his life incarcerated in a mental hospital; if he is found sane, he will face substantial exposure to the death penalty. (3) The jury selection stage is critical not only for increasing the fairness of the selected jury, but also to provide the defense the opportunity to start trying to persuade the jury towards a favorable verdict. Fortunately, Virginia permits lawyers to question potential jurors directly, whereas this is not required and usually not permitted in the neighboring courts in Maryland and Washington, DC, nor in the federal courts, where the lawyers must submit written questions to the jury. 

WMALRadio - Washington, DC (October 1, 2003). WMAL's Charlie Warren Show interviewed partner Jon Katz, opposite a doctor from the Office of National Drug Policy, about Maryland's newly effective law that caps marijuana possession penalties at $100 upon proof that it was for medical necessity.

NBC News - Hagerstown, Maryland (September 23, 2003). The local NBC news affiliate interviewed partner Jon Katz on the last day of trial for a prison officer fired for posing nude on the Internet long before she was hired. For more information, click here. 

Radio Canada Television News (September 19, 2003). Partner Jon Katz provided a French-language interview by phone to Canada's televised equivalent of CNN, about hurricane Isabel, which inflicted several deaths, injuries, and hundreds of thousands of electricity outages. With a limited number of fluent French speakers in the United States Radio Canada Television News turned to Jon Katz for a local hurricane rundown. Marks & Katz, LLC, is a quadralingual law firm, with partner Jon Katz speaking fluent French (click here) and proficient Spanish, and with partner Jay Marks speaking fluent Spanish and fluent Portuguese (click here).

Univision Television News, Channel 30 (September 2003). Partner Jay Marks discusses the United States government's post-September 11, 2001, treatment of immigrants.

Bill O'Reilly's Radio Factor (August 14, 2003). Partner Jon Katz appeared in his role as a Criminal Defense and First Amendment lawyer to discuss the federal government's new wave of obscenity prosecutions, including the current prosecution against Rob Black and Extreme Associates in Pittsburgh for distributing videos that apparently include not only explicit sex, but also scenes involving rape and other violence. Jon insisted that no matter how abhorrent and disgusting the material may or may not be, it is protected by the First Amendment. It is disingenuous to bring such prosecutions without amending the First Amendment, and probably very few Americans want to amend the First Amendment. Jon Katz insisted that the First Amendment provides widespread protection of expression. Allowing obscenity prosecutions chills expression that even many people want to experience; even Allen Ginsberg's masterful poem Howl suffered an obscenity prosecution (with Howl ultimately prevailing). 

WUSA 9 News (CBS Affiliate in Washington, DC) (August 9, 2003). Partner Jon Katz appeared in his role as a First Amendment lawyer, arguing that the First Amendment prohibits Prince William County, Virginia's new adult zoning ordinance, which, among other things, requires criminal record checks of adult business owners. When asked about the county government's motivation for passing such an ordinance, Jon confirmed that elected politicians must swear to uphold the United States Constitution. The United States Constitution protects adult entertainment. Consequently, this ordinance violates the elected politicians' oath concerning the Constitution. 

The O'Reilly Factor (Fox Television News) (February 7, 2003). Partner Jon Katz appeared in his role as a First Amendment lawyer, to discuss Constitutional protections for exotic dancing, subsequent to the Kandyland decision by the Pennsylvania Supreme Court. Host John Kasich kept insisting that exotic nightclubs erode property values. In reply, Jon pointed to current studies that debunk such claims, pointed out that competitive factors lead exotic clubs away from detrimental effects to neighborhoods, and reaffirmed that Constitutional protections prevent banning such clubs. For more detail on the Constitutional rights afforded to adult entertainment, see Marks & Katz's joint amicus brief at www.markskatz.com/Adult.htm.

CBS Radio News (December 2002). Partner Jon Katz appeared to give legal commentary on the Kandyland exotic dancing case. 

Fox News Cable. November 11, 2002. Live. Fox News brought back partner Jon Katz to discuss additional aspects of the sniper case. The interviewer focused Jon and a former prosecutor on the events following John Malvo's seven-hour discussion with law enforcement personnel, which included alleged confessions that he committed some of the sniper shootings. Jon confirmed that Mr. Malvo's statements from this discussion cannot be presented to the jury without proof that he lawfully waived his Constitutional right to remain silent. The authorities were obligated to advise Mr. Malvo that he had the right to remain silent and the right to have an attorney present; the police had the obligation to cease all questioning immediately upon Mr. Malvo's choosing to remain silent or to have an attorney present. Unfortunately, Mr. Malvo's statements will not be thrown out of court merely if his guardian or lawyer told the police not to speak with him; those words had to come from Mr. Malvo's own mouth or from his own silence. Mr. Malvo's statements cannot be used against his co-defendant John Muhammed. Mr. Malvo will not likely testify against Mr. Muhammed without assurances that he will not receive a death sentence in any court. A death sentence  is possible without proving that the defendant pulled the trigger, at least if the jury decides beyond a reasonable doubt that the defendant was engaged in an act of terrorism or a continuing criminal enterprise. Jon asserted that Virginia's definition of an act of terrorism is too overbroad to be deemed Constitutional.

Fox News Cable. November 3, 2002- Live. Fox News's Page Hopkins asked partner Jon Katz to assume the role of sniper suspect John Malvo's attorney. Jon focused on the importance of Mr. Malvo's distancing himself as far as possible from the killings. Mr. Malvo's defense team should show how isolated he was in the United States, perhaps knowing only his co-defendant John Muhammed, and fearful of deportation if in the United States in violation of the immigration laws. Under that posture, Mr. Malvo would have been afraid to call the police even about any killings he knew to have been caused by Mr. Muhammed. 

Univision Television News, Channel 30 (October 30, 2002). Spanish-language Univision interviewed partner Jay Marks for legal analysis on the Washington-area sniper case. 

CTV (Canadian Television) (October 25, 2002). Canadian national television news interviewed partner Jon Katz and a criminal law professor about prosecutors' moves against the recently arrested suspects in the Washington-area sniper case. Jon said that information publicly available at that time did not show that a conviction was a slam dunk. Thus far, reports showed the two suspects being found in a car with a weapon used in most of the murders, and a hole that could have been used for shooting, but had not ruled out that only one of the two occupants was involved with the shootings, nor that the suspects were never in the car during the shootings. Jon emphasized that a juror's finding of reasonable doubt of guilt prevents a conviction.  

Univision Television News, Channel 30 (1998-present).

 - Univision, which is the Washington area's primary Spanish language television station, repeatedly turns to partner Jay Marks for legal commentary on topics running from immigration law to criminal law to foreign affairs  Univision's numerous interviews of Jay Marks -- who is fully fluent in Spanish -- include the sniper case;  immigration law changes since September 11, 2001; consumer protection; and the presidential impeachment proceedings. On June 7, 2002, Univision interviewed Jay on the impact on immigrants and civil liberties of the federal government's scheme to fingerprint immigrants. On May 21, 2002, Jay was interviewed about police arrest procedures, improper use of force, and community relations.

 - Interview of partner Jon Katz about penalties of driving on a suspended license (2000).

BBC Radio (June 6, 2002). Partner Jay Marks discussed the impact on immigrants and civil liberties of the federal government's scheme to fingerprint immigrants.

CNN Radio (April 17, 2002, Live). Partner Jon Katz appeared as president of the Free Speech Coalition of the District of Columbia, Maryland and Virginia  to champion the First Amendment's vindication in Aschcroft  v. Free Speech Coalition, et al. Appearing opposite Jon was Miriam Moore, of the Family Research Center.

TECH TV (Also broadcast on CNN Television's affiliates) (April 16, 2002). Partner Jon Katz appeared as a representative of the Free Speech Coalition to discuss the First Amendment benefits of  Aschcroft  v. Free Speech Coalition, et al. View a video clip of the program here. 

BBC Radio's flagship TODAY program (April 11, 2002). Partner Jon Katz advocated quashing the Child Internet Protection Act. If enforced, CIPA would force the use of Internet censoring software filters on all computer terminals at libraries that either receive federal funds or favorable federal telecommunications rates. The tip of CIPA's iceberg is that software filters block out a huge universe of First-Amendment protected expression, and CIPA would amount to leaving federally mandated censorship in the hands of non-governmental for-profit filtering companies. 

TELEFUTURO Television (Channel 14, Washington, DC) (April 20, 2002). Partner Jay Marks appeared as an expert in immigration law on the "Enfoque Latino" (Latin Focus) program, to discuss recent changes in immigration law and restructuring of the Immigration and Naturalization Service. 

TELEMUNDO Television (Channel 64, Arlington, Virginia) (2001). Partner Jay Marks appeared numerous times as legal commentator for the "Nuestros Derechos" ("Our Rights") segment on the Facetas television program.

WMAL Radio. (April 2001 interview) Interview of partner Jon Katz about First Amendment law and the new chapters of the Free Speech Coalition in the District of Columbia, Maryland, and Virginia.

MSNBC TV's "First Hundred Days" with Mike Barnicle (April 26, 2001). Interview of partner Jon Katz opposite Donna Rice Hughes about First Amendment protection of adult entertainment. Jon Katz advocated the view that the First Amendment must continue to protect adult entertainment that is produced by and for adults.

Legally Speaking/Legalmente Hablando  Marks & Katz's former weekly radio show (1998-2000). Click here for information about the program.

York Daily Record (September 25, 2006). Covering Marks & Katz's motion to dismiss the defamation lawsuit against the Westboro Baptist Church.

Baltimore Examiner (September 20 and August 29, 2006). Covering Marks & Katz's representation of the Westboro Baptist Church against a Maryland federal court defamation suit filed by the father of a marine killed in Iraq. Jon Katz, our First Amendment law partner is disgusted by the church’s messages that are the basis of this baseless libel action, but he believes strongly in their right to express them. See our article on the case here. 

Washington Examiner (June 7, 2005). "Ruling could have 'chilling effect.'" After the Supreme Court permitted federal prosecutions of medical marijuana in states that allow medical marijuana,  the Washington Examiner covered partner Jon Katz's views: "John Katz, a Silver Spring lawyer who defends people facing marijuana charges, said the Maryland [medical marijuana sentencing] bill does not go far enough to defend sick users. 'It only deals with sentencing after you've already been convicted'"

CourtTV.com (May 27, 2005). "Experts: Indecency issues finally get day in court, thanks to Motley Crue ." After Motley Crue sued NBC for barring the group after its leader shouted the F--- word on-air, CourtTV.com covered partner Jon Katz's views: Katz "said he hopes a court case would result in striking indecency regulations altogether. 'Indecency laws violate the constitution — that's what I'd like to see the courts weigh in on, but I'm not holding my breath on that,' Katz said. 'Our first generations spilled their blood for the First Amendment in order for people to be able to express opinions people don't like.'"

St. Petersburg Times (April 5, 2005). "Lawsuit targets illegal e-mail." Partner Jon Katz supports First Amendment rights for spam defendants, and adds: "The anti-spam software keeps getting better and better, and when that doesn't work I use the delete key." He repeats his conviction that "Society needs to err on the side of allowing too much expression, rather than too little."

Madison County (Ill.) Record (December 22, 2004). Partner Jon Katz provides his views about the unconstitutionality and procedures involved in libel lawsuits, as illustrated by the complaint by a losing state supreme court candidate's libel suit alleging unlawful smearing by his opposition. Jon tells the reporter: "The First Amendment is clear about robust protection of freedom of expression." "I do not see any way the First Amendment can go uninjured if libel and defamation suits are allowed. Fortunately, the courts have set high hurdles." See article and Jon's photo here. 
 

Hartford Courant (December 14, 2004). Partner Jon Katz gave the following commentary against a complaint to the FCC about the televising of allegedly offensive material (flesh-colored bodystockings, perhaps) during the opening ceremony of the 2004 summer Olympics): "'The people have to show their democratic will and that they won't stand for this kind of censorship,' [Jon Katz] said. 'It's totally against First Amendment rights of free expression.'" 
"He characterized the opening ceremony as 'activity that's much more mild than what we see during prime time.'"

USA TODAY (November 9, 2004, Money section). Partner Jon Katz gave the following commentary supporting Viacom/CBS's challenge to the FCC's $500,000 proposed fine for the brief exposure of Janet Jackson's breast during the 2004 Super Bowl: "Jonathan Katz believes that current indecency rules are 'entirely unconstitutional' and that CBS has a case. 'All we saw is a brief glimpse of a breast. That's not enough to justify these chilling fines,' says Katz, an attorney at Marks & Katz in Silver Spring, Md. 'We're seeing more nudity ... on TV than ever before. Whether you like it or not, it's First Amendment protected.'"

Drug Law Questions and Answers (2004- ) - Partner Jon Katz's drug law analyses and views in Overgrow.com's Security & Legal forum. Check back frequently.

Daily Progress (Charlottesville, VA) (July 29, 2004). Coverage of Marks & Katz's defense in federal court of a man accused of leading a drug conspiracy ring. Marks & Katz maintains his innocence. Click here. See more information on the case here. 

Washington Legal Times (July 26, 2004). Legal Times covered Marks & Katz's second lawsuit this year against Secretary of Defense Donald Rumsfeld, this time challenging the Army's rejection of our client's efforts to run a paid advertisement challenging the motivations for the Iraq war. More on this case is here. Our other lawsuit against Secretary of Defense Rumsfeld challenges the constitutionality of a federal law that allows courts to treat veterans' retirement pay as marital property that can be divided by divorce courts (see more information here). 

Associated Press (May 19, 2004). Partner Jon Katz provided the following opinion on the Federal Trade Commission's CAN-SPAM regulations: "This is a back door effort to violate people's first amendment rights, whether well intentioned or not." See the Associated Press article here. See Jon's article on the CAN-SPAM regulations here. 

Associated Press (May 4, 2004). Partner Jon Katz gave legal commentary in the midst of a voter registration drive by some adult entertainment industry members, as the presidential election looms a few months ahead. The reporter focused on the Bush II Administration's increasing number of federal obscenity prosecutions. Jon asserted that the obscenity prosecutions are a backwards step that damages First Amendment rights. Jon expressed optimism about the victories that lie ahead for many obscenity defendants. 

National Journal (April 10, 2004). "Testing Porn's Protections," by Neil Munro (p. 1118). In the wake of increased numbers of federal obscenity prosecutions, the National Journal  interviews partner Jon Katz about his view against obscenity prosecutions, saying: "It is much harder for a prosecutor to obtain a conviction than 10 or 15 years ago ... because people are more accustomed to sexual material." Criminal defense lawyers for obscenity cases can tell jurors: "Today we might have material you're totally offended by, but tomorrow it may be Muzak [on trial]....You don't want people telling you what you can or cannot see."

Washington Legal Times (March 8, 2004). Legal Times interviews partner  Jon Katz and other First Amendment lawyers for its cover article on the federal government's increased focus on obscenity prosecutions, after many years of leaving the task to state prosecutors. The article quotes Jon's view that prosecutors will have more difficulty now than ever before in obtaining obscenity convictions, seeing that more people today than in the past are exposed to adult entertainment, whether they want to be or not.

Aspen Daily News (December 10, 2003). Interview of partner Jon Katz concerning First Amendment barriers to a former government employee's lawsuit against a newspaper's alleged failure to honor her request to remain a confidential source. The plaintiff is former Snowmass Village, Colorado, town planner Carolyn Poissant. See article here. 

Washington Legal Times (December 1, 2003). Coverage of Marks & Katz's First Amendment victory for a prison officer who was fired for appearing nude on the Internet. Click here for article.  Click here for further details.

Army Times (December. 1, 2003) -- Partner Jon Katz's article opposing the Uniformed Services Former Spouse Protection Act. See article here. See more about Marks & Katz's work against the Act here.  

Washington Post (Oct. 1, 2003) -- This feature article on medical marijuana opens with partner Jon Katz's appreciation for Maryland's newly effective law that caps marijuana possession penalties at $100 upon proof that it was for medical necessity. Click here for article.

Washington Legal Times (August 25, 2003). Full-page feature article on Marks & Katz's five-year-old law practice. Click here for article.   

YNOTNews (March 13, 2003). Publication of Jon Katz's article on website publishing. Websites erode many of the pre-web financial and resource barriers to delivering ideas, messages, and creativity to the public. (ADVISORY: The YNOTNews website includes explicit adult visual and written content). 

Washington Legal Times (February 24, 2003). Coverage of Marks & Katz, LLC's work for the adult entertainment industry, individual rights, and Constitutional rights. Click here for article. 

Association of Club Executives Newsletter (January 2, 2003). Publication of Jon Katz's article on the Pennsylvania Supreme Court's vindication of First Amendment rights in the Kandyland exotic nightclub case. 

Associated Press (December 23, 2002). Partner Jon Katz gave legal commentary on the Kandyland exotic dancing case. Click here for article. 

Maryland Daily Record (November 13, 2002) and Adult Video News online  (November 15, 2002)  (ADVISORY: The Adult Video News website includes explicit adult visual and written content). Coverage of Marks & Katz, LLC's victory before Maryland's highest court, in fight against prosecution against an exotic cabaret. Click here for Daily Record article. 

Coverage of the re-election of partner Jon Katz  as President of the Free Speech Coalition of DC, Maryland and Virginia, as well as coverage of the re-election of the rest of the group's leadership: Adult Video News.com (includes a quote from partner Jon Katz) (Oct. 21, 2002) (ADVISORY: website includes explicit adult content); Washington Lawyer Magazine; Prince George's County, Maryland, Bar Association Newsletter (December 2002). 

Foundation for Individual Rights in Education (Aug. 12, 2002) reports here that it referred partner Jon Katz to American University student Ben Wetmore, who was wrongfully and unfairly disciplined for taping an on-campus speech by Tipper Gore. Read more about the case at Jon Katz's article here. Read UPI's account here. 

Wired.com (June 27, 2002). Interview of partner Jon Katz on the House of Representatives' effort to do an end run around Ashcroft v. Free Speech Coalition. Click here for article. 

Foundation for Individual Rights in Education (Jan. 29, 2002) reports here that it turned to partner Jon Katz -- calling him "an eminent First Amendment lawyer" -- in response to Professor Sami Al-Arian's request for assistance in fighting the University of Florida's efforts to terminate him for exercising his First Amendment-protected rights. For further information on Dr. Al-Arian's case, see the FIRE's legal analysis and news release.

St. Petersburg Times (Jan. 11, 2002): Foundation for Individual Rights in Education turned to partner Jon Katz in response to Professor Sami Al-Arian's request for assistance in fighting the University of Florida's efforts to terminate him for exercising his First Amendment-protected rights. Also reported in Islam Web. For further information on Dr. Al-Arian's case, see the FIRE's legal analysis and news release.

Adult Video News (December 2001) Extensive article on the October 2001 East Coast Video Show, including coverage of partner Jon Katz's First Amendment law presentation entitled Everything You Wanted To Know About The First Amendment ... But Were Afraid To Ask, which was a lively discussion of First Amendment and other legal issues that impact the adult entertainment industry, organized by the Video Software Dealers Association. (ADVISORY: The Adult Video News website includes explicit adult visual and written content). See text-only article here. 

Coverage of the Free Speech Coalition chapter of DC, Maryland and Virginia's amicus participation in the Pack Shack First Amendment appeal: Maryland Daily Record (Nov. 6, 2001); Adult Video News.com (Nov. 6, 2001); and Adult Industry News (Nov. 4, 2001) (ADVISORY: AVN"s and Adult Industry News's websites include explicit adult content). Marks & Katz, LLC, is on the legal team for this amicus action. For more information, click here. 

Maryland State Bar Association's Maryland Bar Journal (2001): Article on Jay Marks's selfless pro bono immigration work for an immigrant who struggled for years in his native country, and who applied with Jay's assistance for Temporary Protected Status. 

Trial Lawyers College's Warrior magazine (October 2001). See Jon Katz's article on the September 11 terrorist attacks and their aftermath. Click here at page 23 for PDF format; click here for text format. 

Coverage of the launch of the website of the Free Speech Coalition chapter of DC, Maryland and Virginia. Adult Video News.com (includes a quote from partner Jon Katz) (Oct. 12, 2001) (ADVISORY: website includes explicit adult content). 

Washington Post (August 16, 2001). Article quoting partner Jon Katz about his opposition to the District of Columbia government's plan to institute a barcode identification system for youths. Click here. For more on Jon Katz's argument for students' rights, click here. 

Free Speech Coalition's Free Speaker magazine. July 2001: Article covering Jon Katz's presentations on First Amendment law at the annual gatherings of the Video Software Dealers Association chapters of the Delaware Valley (May 2001) and Virginia (June 2001) (click here for overview of Jon's presentation. January 2001: Profile of partner Jon Katz as the representative, with Marks & Katz, LLC, of the Free Speech Coalition in Washington, D.C. 

Coverage of the Free Speech Coalition chapters of DC, Maryland and Virginia, including Marks & Katz's leadership role: Maryland Daily Record (June 22, 2001); Adult Industry News (April 19, 2001); InsideAdult.com (April 18, 2001) YNOT News (April 26, 2001) (ADVISORY: Inside Adult's and YNOT's websites includes adult content); Erotica LA website.

Adult Video News.com (June 19, 2001). Coverage of the leadership elections of the Free Speech Coalition of the District of Columbia, Maryland and Virginia, including interview of partner Jon Katz, who was elected as the organization's President. See the article here. (ADVISORY: AVN.com includes explicit adult visual and written content). 

Adult Video News (June 2001). Detailed coverage on creation of Free Speech Coalition chapters of DC, Maryland, and Virginia. Click here. 

Washingtonpost.com's Newsbytes (June 6, 2001). Article on Internet software filtering, including portion of an interview with partner Jon Katz, who opposes government-mandated Internet software filtering. Click here to read the article. 

Herald News (May 2001 interview) Informational interview with partner Jon Katz about his opposition to attaching filtering software to school computers. Filters over-filter, and even keep out material that schools would want students to have access to (e.g., breast cancer sites have in the past been censored by filtering software). Parents should be the first line of supervision of their children's Internet use. If schools wish, they may require parental consent for children to use the Internet at school; e.g., by requiring user passwords. Filters affect every student; parental consent requirements only affect the children whose parents refuse them Internet access. 

U.S. News & World Report (March 2001 interview) Informational interview with partner Jon Katz about federal obscenity prosecutions by the Ashcroft Justice Department. 

Adult Video News (January 2001) Partner Jon Katz's article on a federally-appointed panel exploring mechanisms for preventing minors' access to adult entertainment on the Internet. (ADVISORY: The Adult Video News website includes explicit adult visual and written content). See text-only article here. 

Free Speech Coalition's Free Speaker magazine (January 2001). Profile of partner Jon Katz as the representative, with Marks & Katz, LLC, of the Free Speech Coalition in Washington, D.C. 

Creative Loafing Magazine (July 2000). "Family Values, Strip Bars and the First Amendment Online." With the protection of the First Amendment, opponents of adult nightclubs betray patrons' anonymity. Includes information from interview with partner Jon Katz. See the article here.

U.S.-Japan Business News (Summer 2000 interview). Informational interview with partner Jon Katz  about publication of verbal attacks by businesses on their competitors, and risks and chances for failure of retaliatory libel suits. Jon Katz weighed in against libel suits, and advocated fighting unwanted speech with competing speech and with competing business activities.  

Plowshares trial coverage (March 2000). The following news organizations covered and published several articles on the Plowshares criminal jury trial, which partner Jon Katz defended with former United States Attorney General Ramsey Clark and Michigan attorney Anabel Dwyer: 

- Maryland Daily Record

Archived articles on the trial are found at the following links: CINJust Archives, Common Dreams Newswire, Corpus.org, Grassroots Online, Greenmac.com, and Nonviolence.org.

Coverage of Marks & Katz's Opening in 1998: Legal Times: Marks & Katz's genesis when partners Jay Marks and Jon Katz met at a six-year-old birthday party in 1969.  Maryland Daily Record: Jay Marks and Jon Katz join forces, and present their former weekly legal radio show. 

Articles by Marks & Katz's partners

Maryland Trial Lawyers Association (October 23, 2006) - Partner Jon Katz appears on a panel of three criminal defense lawyers and three felony trial judges at the MTLA's criminal seminar entitled "Successful Strategies in Circuit Court Criminal Cases." Jon discussed Trial Techniques, Opening Statements, Direct & Cross Examinations, and Immigration Consequences. Our blog entries on this seminar, including links to our handouts, are here and here. 

Montgomery County, Maryland, Bar Association (May 5, 2006)- The Bar Association presents a pro bono award to partner Jay Marks for his excellent weekly immigration work at the TESS and Gilchrest Community Centers. 

University of Maryland (April 20, 2006)- In celebration of the annual 4/20 marijuana legalization events, partner Jon Katz speaks on the criminal defense of drug cases at the invitation of the University of Maryland chapter of the National Organization for the Reform of Marijuana Laws, after the screening of Busted. 

Virginia Indigent Defense Commission's mandatory training. March 28, 2005, Fredericksburg, Virginia. Partner Jon Katz delivered a presentation on Pretrial Preparation for the VIDC's mandatory training course. See Jon's written materials here. 

National Lawyers Guild Student Disorientation. September 18, 2004. Georgetown Law School. Partner Jon Katz joined two other progressive lawyers on a panel concerning surviving law school and overlapping a legal career with one's values. Jon emphasized that every lawyer must always put clients ahead of money. He outlined how Marks & Katz succeeded in forming a law firm that focuses on justice and that provides its attorneys tremendous professional and personal satisfaction. 

Burton Wechsler National First Amendment Moot Court Competition February 23, 2002, District of Columbia Superior Court, Washington, DC. Partner Jon Katz served with a team of judges in a moot court Supreme Court oral argument concerning the limits of First Amendment protection of commercial speech involving alleged libel against a competing company. Jon directed very pointed questions to the two competing law school moot court teams, who were handed a tough controversy to argue. Jon has also served as a judge at moot court appellate competitions at the George Washington University and the University of Maryland, as well at a jury trial moot court at the Trial Lawyer's College. Moot court judging serves future advocates while sharpening the moot court judge's own advocacy skills.  

University of Maryland Law School. October 16, 2001. Partner Jon Katz joined two other small law firm practitioners for a law practice management presentation to a law school class of the same name. Jon's key theme was, and remains, that it is essential to know good law firm management, but that applying true caring and passion for our clients is essential for a successful law firm. A law firm's success is defined by quality client service. Lawyers must put their clients ahead of money; this is dictated by professional and personal ethics. Invariably, a lawyer earns more income with this approach than doing the opposite, anyway. 

East Coast Video Show October 10, 2001. Convention Center, Atlantic City, NJ. Partner Jon Katz presented Everything You Wanted To Know About The First Amendment ... But Were Afraid To Ask. A lively discussion of First Amendment and other legal issues that impact the adult entertainment industry. Organized by the Video Software Dealers Association.

Video Software Dealers Association - Virginia Chapter. June 6, 2001. Fredericksburg, Virginia. Video Software Dealers Association - Delaware Valley Chapter. May 30, 2001. Newark, DE.  Partner Jon Katz led a question and answer session about the legal climate affecting retailers who sell and rent out adult entertainment products. Click here to read the overview of Jon's discussion. 

The Thornburgh Committee. Partner Jon Katz spoke in October 2000 against government censorship on a panel addressing the nation's obscenity laws. He appeared on behalf of the Free Speech Coalition at the conference on Tools and Strategies for Protecting Kids from Pornography. See Jon Katz's article here. Marks & Katz, LLC, is zealously committed to protecting and expanding the free expression rights and creative rights of all individuals, organizations, businesses, and the press. 

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