As Seen On
Krista Lee Baughman
Partner
Krista leads the firm’s First Amendment and defamation practice. She litigates some of the most complex and cutting-edge questions of the day, and her cases frequently make new law.
In the courtroom, Krista is a fierce advocate for her clients and has obtained multi-million-dollar judgments, rare procedural victories, and precedent-setting verdicts on their behalf. Court observers have described her trial presentation as “outstanding.” Krista’s cases have:
- Extended fair procedure rights to all California students wrongly expelled by a private high school;
- Eradicated unconstitutional policies that stifled citizens of San Clemente from speaking out at city council meetings;
- Upheld First Amendment rights for all California attorneys by defeating State Bar disciplinary charges filed in connection with attorney’s protected speech on Twitter;
- Defined the parameters of California’s “revenge porn” law as applied to elected officials;
- Obtained rare take-down orders protecting victim of anonymous defamation cyber campaign on Reddit, Google, WordPress, Change.org and others;
- Achieved a landmark settlement to ensure the First Amendment rights of students at UC Berkeley.
Outside the courtroom, Krista is a sought-after speaker, writer, and advisor in free speech and civil liberties matters. Krista’s experience extends to the newsroom, where she represents her clients’ interests in response to media inquiries and public scrutiny.
In addition to her case work, Krista is proud to serve as a member of The Federalist Society’s Free Speech and Election Law Executive Committee; as a member of the San Francisco Bar Association (BASF) Litigation Section Executive Committee; as the Membership Chair and a Board Member of the First Amendment Lawyers Association (FALA), and as a member of the Leadership Council at PeerForward, a nonprofit that seeks to close the education gap for low-income students.
Contact Information
- 415-433-1700
- [email protected]
- 415-520-6593
- 177 Post Street, Suite 700 San Francisco, CA 94108
- Vimeo
- Avvo
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Notable Representations
- A.H., a minor, et al. v. Saint Francis High School et al., Santa Clara County Superior Court, 2024) – as lead trial counsel in an 8-week jury trial against private high school for arbitrary expulsion and defamation of minor students, obtained million-dollar verdict clearing students’ names and expanding California law to afford fair process rights to all high school students.
- Starbuck v. Meta Platforms, Inc. – lead counsel in multi-million-dollar AI defamation lawsuit seeking to hold Meta accountable for the reckless spread of false information and to establish a precedent for responsible AI development and oversight.
- In re: Marla Anne Brown, (State Bar of California, October 2023) – following a 5-day trial, obtained full exoneration of all disciplinary charges accusing attorney client of “inciting violence” with rhetorical tweets, setting precedent protecting all California attorneys who wish to exercise their free speech rights without fear of punishment.
- Reiterman v. Abid (U.S. District Court, Middle District of Florida, pro hac vice). Obtained rare take-down orders in initial stage of defamation lawsuit, in connection with anonymous cyber campaign published about client on Reddit, Google, Microsoft, WordPress, Change.org and others. Obtained $6.5 million judgment for client following victory on appeal and summary judgment.
- Alonso v. Chahal (San Francisco Superior Court). Defeated appeal and ultimately obtained $12,102,994.07 judgment for professional marketing executive client who was publicly defamed by her former employers.
- Young America’s Foundation v. Napolitano et al., (U.S. District Court, Northern District of California, 2018). In federal free speech, retaliation, due process, and equal protection lawsuit involving university’s discriminatory application of a policy to restrict on campus speech by students, achieved landmark settlement to ensure the First Amendment rights of students at University of California, Berkeley.
- Hill v. Heslep et al. (Los Angeles Superior Court). In matter involving journalist’s reporting of alleged illegal and unethical conduct by a member of Congress, obtained anti-SLAPP order striking complaint, awarding attorneys’ fees in favor of journalist clients, and defining parameters of California’s “revenge porn” law as applied to elected officials.
- Stossel v. Facebook et al. – lead counsel in defamation action challenging Facebook’s “fact checks,” resulting in legal concession by Facebook that “facts checks” are nothing more than opinion.
- Woodell v. Bernstein et al. (San Mateo Superior Court). Obtained case-terminating sanctions following successful motion concerning plaintiff’s intentional destruction/ spoliation of evidence in case involving opposing candidates for Menlo Park Fire Protection District Board.
- Pekgoz v. Ehrhardt (Los Angeles County Superior Court, 2016). Obtained anti-SLAPP order striking complaint and awarding attorneys’ fees on behalf of client who was sued for defamation in connection with statements made in a university Title IX proceeding, establishing that Title IX proceedings are protected forums for speech under the anti-SLAPP statute.
- Malamud et al. v. City of San Clemente (U.S. District Court, Central District of California, 2019). In federal free speech and due process lawsuit involving city’s efforts to stifle clients from speaking out against city at city council meetings, achieved settlementprotecting the citizens of San Clemente by eradicating the City’s use of unconstitutional speech-restricting policies.
- Hernandez v. City of San Jose, 897 F.3d 1125, 1132 (9th Circuit, 2018). Achieved precedent-setting 9th Circuit decision that clarified the standard for due process liability against police, and government qualified immunity, in crowd control situations.
Court Admissions
- Supreme Court of the United States
- State Courts
- California
- New York
- United States Courts of Appeal
- Ninth Circuit
- Sixth Circuit
- Eleventh Circuit
- United States District Courts
- Central District of California
- Northern District of California
- Eastern District of California
- Southern District of California
- Southern District of New York
- Eastern District of New York
- District of Columbia
Education
- Lehigh University, B.A. International Relations, magna cum laude
- Brooklyn Law School, J.D., cum laude
Practice Areas
- Civil rights/ fair procedure/ due process
- First Amendment law and litigation
- Defamation/ trade libel
- Anti-SLAPP law and litigation
- Pre-publication review, counseling, and retractions
- Media negotiations
Selected Publications
Representative Speaking Engagements
| Attorney Speech: Trends and Case Studies | First Amendment Lawyers Association | 2023 |
| Creating a Matrix for Truth in Social Media | ReutersNEXT Virtual Global Conference | 2021 |
| An ‘Uncivil War’: Examining Political Tribalism and the Rise of the Grievance Culture” | Thomson Reuters Institute | 2021 |
| Sound and Fury: Morality, Ideology and the rise of “Cancel Culture” | Thomson Reuters Institute | 2020 |
| Battling Corporate Internet Trolls: Going After Imposters and Competitors That Break the Law | Strafford MCLE Presentation | 2020 |
| Free Speech Panel | UC Berkeley School of Law | 2017 |
| Free Speech Panel | Golden Gate University School of Law | 2017 |
Reviews
★★★★★
Excellence in every aspect of her job
Krista is that very rare gem of an attorney who exceeds one’s expectations at each and every facet of her profession. I came to her with an important First Amendment case involving a government entity. Her enthusiasm to “fight the good fight” was immediately evident. Her grasp of the issues and attention to detail were impressive, as was the speed with which she evaluated the facts and issues. She communicates very effectively and responds quickly, both with the unexpected bonus of always being courteous and pleasant. At the same time, she has a strong writing voice which results in skillfully worded and firmly precise legal documents. Her initial assessment of the case proved to be entirely accurate, as well as completely successful. She approached the defendants aggressively, and swiftly negotiated a fully favorable outcome. There is no better endorsement than prompt success. I wholeheartedly recommend Krista to anyone needing professional and effective representation.
– S Barr
★★★★★
Now a role-model of my life!
I couldn’t have asked for a better attorney to fight by my side. Krista is thorough, detailed oriented and super considerate. She didn’t just provide an impeccable legal service, but also a sense of companionship. She understands what I was going through emotionally and never forgets to take care of
– Liang-Chun
★★★★★
Krista is the best of the best
Krista represented our children at school. At the heart of her work, she fights hard for human rights and for the best interests of our children. I am so impressed by her professionalism, ethics and wisdom. She listens and fully understands our struggles. She is highly skilled dealing with school
– Anonymous