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Lawyer Advertising and the First Amendment
Authors:Lori B. Andrews
Affiliation:Research Attorney at the American Bar Foundation. B.A., 1975, Yale College;J.D., 1978, Yale Law School.
Abstract:A current Supreme Court case concerning lawyer advertising, In re R.M.J., is analyzed in the context of a discussion of the diverse state regulations governing lawyer advertising and solicitation. The article considers the regulations in terms of their constitutionality, their tendency to impede effective advertising, and the effect they have on the legal profession's provision of information to potential clients about the nature, availability, and cost of legal services. Analysis of the major commercial speech cases, from Virginia State Board of Pharmacy to Central Hudson, indicates that many state rules infringe on attorneys' First Amendment rights.
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