Appeals Court Strikes Down Prohibitions on Attorney Advertising

The 2nd Circuit Court of Appeals has struck down restrictions on attorney advertising that were imposed by the state of New York. New York had imposed a variety of restrictions, and although the court did not strike down all of the restrictions, it did strike down a number of them.

On First Amendment grounds, the court ruled that barring portrayals of judges and the use of trade or nicknames implying certain results were unconstitutional. At the same time, the court upheld a 30-day waiting period for soliciting accident victims, and banned the use of fictitious names that implied attorneys were members of the same firms.

One of the plaintiffs for the appeal is a lawfirm that calls itself "The Heavy Hitters." The firm uses actors to portray judges in their ads, along with special effects. It is unclear why the court did not consider these advertisements to false or misleading.

2nd Circuit Says OK to ‘Heavy Hitter’ Attorney Ads | Law.com

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