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Alexander v. Cahill

United States Court of Appeals for the Second Circuit
598 F. 3d 79 (2010)


Facts

The disciplinary committees of the Appellate Division of the New York Supreme Court (committees) (defendants) adopted new rules regarding attorney advertising. These new rules prohibited client testimonials from a pending matter; portrayal of a judge; advertising techniques designed to attract attention, but irrelevant to attorney competence; nicknames and mottos that implied the ability to achieve desired outcomes; inclusion of a fictitious law firm; and certain targeted communications within 30 days following an event. James Alexander and his law firm (plaintiffs) challenged the rules, asserting that the rules violated the First Amendment. Both parties moved for summary judgment. The district court granted Alexander summary judgment on most of the content-based restrictions, and the district court granted the committees summary judgment on the 30-day moratorium. Both parties appealed.

Rule of Law

Issue

Holding and Reasoning (Calabresi, J.)

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