New York's Attorney Advertising Rules Held Unconstitutional
There is an important decision about attorney advertising and blogs, from New York, CL&P Blog: New York's Attorney Advertising Rules Held Unconstitutional
The Northern District of New York ruled today that New York's amended rules against attorney advertising are unconstitutional and permanently enjoined enforcement of most of the challenged provisions. The court agreed with Public Citizen's argument that the state had not shown that the rules were necessary to help consumers and were not narrowly tailored to the state's asserted purpose. In fact, the rules restricted truthful advertising that would benefit consumers.Meanwhile, more state bars are moving toward enhanced restrictions on advertising that are patently unconstitutional. Louisiana and Indiana are both considering new rules that in many ways resemble the rules held unconstitutional in New York. Florida is also considering expanding its already draconian rules to cover websites. And the New Jersey Supreme Court is considering whether the state may constitutionally prohibit attorneys from calling themselves "Super Lawyers." In all these cases, the Federal Trade Commission has opposed the restrictions on speech in the interest of consumers. In the New Jersey case the FTC filed an excellent amicus brief that I think clearly explains how unnecessary advertising restrictions accomplish little other than squelching competition and leading to higher prices.
This is a crucial decision for attorneys in North America; had I practicing in New York, this entire blog could have been deemed to be advertising.
The public wants to hear from lawyers about how to avoid legal entanglements; they want to avoid lawsuits before they happen.
Blog allow attorneys to explain to the public their expertise, without offering legal advice.
For example, of this blog, I am constantly preaching about the need to perform proper due diligence when purchasing a distributorship, franchise or other income generating opportunity. But more than preaching, I try to bring to forefront the legal protections many of these purchasers have -legal protections that they don't realize that exists for them.
Routinely, I will take calls from individuals from the United States who have no idea about the sophisticated legal protection offered to them by the FTC and their own state.
I would not be able to do this if this blog were "advertising". Thanks to the Northern District of New York, even though I am not practicing in New York.
