Case Categories: Attorney Advertising and Free Speech

Attorney advertising presents challenging First Amendment issues for the courts. Laws that attempt to protect the public from deceptive or coercive ads must be weighed against the right of attorneys to retain some measure of free expression protection.

• Bates v. State Bar of Arizona (1977)

  Bates v. State Bar of Arizona (1977) held that attorney advertising was a form of commercial speech protected by the First Amendment, similar to pharmacy...

• Florida Bar v. Went for It, Inc. (1995)

  Florida Bar v. Went for It, Inc. (1995) challenged on First Amendment grounds a ban on direct mail attorney solicitation within 30 days of an accident, but lost...

• In re Primus (1978)

  In In re Primus (1978), the Court ruled that the First Amendment limits the ability of the state to sanction non-profit attorneys for solicitation activities...

• In re R.M.J. (1982)

  In In re R.M.J. (1982), the Supreme Court unanimously ruled that a Missouri ethics rule restricting advertising by lawyers was unconstitutional under the First...

• Milavetz, Gallop & Milavetz, P.A. v. United States (2010)

  Milavetz, Gallop & Milavetz, P.A. v. United States (2010) upheld provisions of the BAPCPA that restricted attorneys representing individuals in bankruptcy...

• Ohralik v. Ohio State Bar Association (1978)

  Ohralik v. Ohio State Bar Association (1978) said that states can prohibit direct, face-to-face solicitation by attorneys without running afoul of the First...

• Peel v. Attorney Disciplinary Commission of Illinois (1990)

  In Peel v. Attorney Disciplinary Commission of Illinois (1990), the Court reaffirmed the general First Amendment principle favoring the disclosure of...

• Shapero v. Kentucky Bar Association (1988)

  Shapero v. Kentucky Bar Association (1988) struck down a Kentucky rule that barred lawyers from sending targeted direct mail advertisements as a violation of...

• Zauderer v. Office of Disciplinary Counsel of the Supreme Court of Ohio (1985)

  Zauderer v. Office of Disciplinary Counsel of the Supreme Court of Ohio (1985) widened protection for commercial speech by striking down restrictions on...