Apparently this sort of excessive restriction on attorney speech is a persistent problem in Florida, with the Bar routinely coming up with interpretations of its advertising rules that thwart even the most banal content in attorney advertising. As paragraph 15 of the complaint alleges:. The Florida Bar , F. The Florida Bar v. Pape , So. The Searcy firm, represented by the inimitable consumer justice lawyers at Gupta Beck PLLC, focuses on the First Amendment problems with the litigation, as well they should.
The Supreme Court recognized way back in Bates v. State Bar of Arizona , U. The most powerful interests in our society and their lawyers — the insurance defense lawyers, lawyers for Fortune companies, government prosecutors — are largely unaffected, because they have no need to advertise in public for their clients and, indeed, are generally discouraged from commenting publicly on the issues of the day.
The criminal defense lawyer who thinks sentences are too harsh? The solo practitioner whose small business clients routinely have trouble with a particular regulation?
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