Monday, July 30, 2007

How many lawyers does it take to make a free speech case?

Just one--if he or she is a New Yorker. Federal Judge Frederick Scullin ruled that the Empire State's recently adopted restrictions on advertising by attorneys violate the First Amendment.

New regulations were instituted in February that affect all forms of lawyer advertising. Testimonials by current clients are banned. Attorneys are not allowed to use depictions of courtrooms or courthouses. And tradenames or mottos that suggest an ability to obtain results are not allowed.

The decision is a welcome, if somewhat rare, win for commercial speech.

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