On Tuesday, August 20, Bruce E. H. Johnson, died suddenly at his coop in Manhattan. The following was posted on Facebook Wednesday afternoon by his wife, Sandra Davis:
Hello FB friends. Bruce's wife, Sandra Davis, here - posting on his feed to share some terribly sad news.
Bruce passed away on Tuesday morning after a short battle with ALS. It was just diagnosed in May, and
he had not yet shared with many, by his choice.
He was an extraordinary husband, father, stepfather, brother, uncle, grandfather, and friend. He delighted
in his growing family and loved to celebrate them. There was nothing he loved better than a ceremony -
graduations, weddings, funerals - he never wanted to miss them. He was an enthusiastic participant at any
event that celebrated accomplishments, love, and a life well lived.
He had a truly brilliant mind. He was voracious for knowledge and learning and for applying that
knowledge through his work and nonprofit service. That didn't stop until his last breath.
It was almost ridiculous how much he knew on so many subjects, particularly history, the arts, and the
areas of law that were his focus - first amendment, commercial speech, and ethics. In fact, he had just
published the 3rd edition of his book Advertising and Commercial Speech: A First Amendment Guide.
He was most fulfilled when he was able to use his expertise to serve the greater good, and he did that at
every opportunity.
We've lost a truly extraordinary man, and I'm devastated.
I would have done anything for a few more weeks or months with him, but I’m grateful that he did not
have to suffer through the horrible later stages of ALS.
We are planning a celebration of life in Seattle in the coming months, and we'll post more information
here when we have it.
In the meantime, if you feel inspired to honor his memory through a donation, please make a gift to
Seattle Opera or the Seattle Rep. He served as Trustee for both of these organizations over many years
and had a deep love for the work and people that make great theater and opera happen in Seattle.
Finally, one of the things that’s making grieving a little lighter is all the stories and memories I’m hearing
from friends and family, and the many ways he made a difference in people’s lives. If you’d like to share
something in the comments it would be a great comfort to me and our family.

****** 

Bruce Johnson, preeminent First Amendment lawyer, dies 

In 1989, CBS’ “60 Minutes” aired a segment on the use of the chemical agent Alar by Washington apple growers. The piece, called “A is for Apple,” quoted expert witnesses who raised concerns about the spray’s possibly carcinogenic effects, causing demand for the state’s prized crop to plummet.

The next year, an association of apple growers sued CBS.

To the news organization’s defense came Bruce Johnson of Davis Wright Tremaine, a Seattle-based attorney who was well on his way to becoming one of the country’s preeminent First Amendment lawyers.

Although the conclusions of the piece were at times ambiguous, Johnson argued that should not bar journalists from publishing even conflicting opinions. The judge in the case agreed.

Johnson died Tuesday at the age of 74, shortly after he was diagnosed with ALS, leaving behind a legacy that colleagues describe as fundamental to how courts and the public understand the First Amendment.

His authority was strongest in the realm of commercial speech, helping to bring clarity to the outcast of the First Amendment family, defining the rights of consumers and limiting the reach of government’s moralistic leanings to ensure, for example, that birth control can be advertised in a red state. Even in his final days, Johnson published another iteration of his treatise on commercial speech.

In Washington, he’ll likely be remembered most for his role as a protector of reporters’ rights. He represented local news outlets, including The Seattle Times. More than that, he guided the hand of Washington legislators as they wrote new laws to bar prosecution of journalists who refused to turn over confidential sources and materials. He also helped pass anti-SLAPP statutes, protecting news organizations and others from vengeful lawsuits designed, not to win in court, but to bankrupt them with burdensome timelines and legal fees.

The CBS case stands out as an example of Johnson’s work, said Kelli Sager, a longtime colleague at Davis Wright Tremaine, and represents just a slice of his lasting impact. The judge’s decision further enshrined the right of reporters to air questions that do not always have unanimously agreed-upon answers without fear of legal action.

“That was one of the seminal cases that we all cited — and continue to cite — for years because of the importance of people being able to get this kind of information,” Sager said.

In the public eye, it also established Johnson — and Davis Wright Tremaine more broadly — as an expert source on the rights of reporters, a reputation he and the firm had spent decades building. He was a regular voice in court and the public sphere on many of the country’s highest-profile media fights, including when Oprah Winfrey was sued for saying she would no longer eat beef.

And yet, even as his profile rose, Johnson never sought recognition, letting his work speak for itself.

“It kind of reminds me of the fish that takes the water for granted,” Ronald K.L. Collins, retired law professor and editor of the First Amendment news blog published by the Foundation for Individual Rights and Expression, said of his influence in the First Amendment sphere. “It’s just there. … I think his legacy is operational, but it’s not necessarily obvious.”

Johnson was born in Columbus, Ohio, and grew up in Shaker Heights, outside of Cleveland, with his three siblings. He loved the baseball team now called the Guardians, but learned to also love the Mariners after moving to Seattle later in life.