Ky. Bar Violated Atty's Free Speech Rights, 6th Circ. Rules

Law360, New York (July 30, 2012, 7:06 PM EDT) -- The Sixth Circuit found Friday that the Kentucky Bar Association violated an attorney’s First Amendment rights when it threatened enforcement action in response to the lawyer's public criticism of a commission’s conduct during an ethics investigation.

A three-judge panel overturned a lower court’s award of summary judgment to the KBA, saying the association’s threat of professional discipline if attorney John M. Berry Jr. ever made similar statements again was enough to chill his speech.

“It is evident that the KBA acted unconstitutionally,” the panel said....
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