ABA Defends Ban On Atty Bias From Free Speech Claims

Law360 (July 15, 2020, 10:17 PM EDT) -- The American Bar Association on Wednesday defended a professional conduct rule prohibiting harassment and discrimination by attorneys from accusations it tramples on lawyers' First Amendment rights, saying in an opinion that the 2016 policy "does not prevent a lawyer from freely expressing opinions and ideas on matters of public concern."

Rule 8.4(g) of the ABA's Model Rules of Professional Conduct prohibits biased or harassing behavior by lawyers "in conduct related to the practice of law" on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status. The measure applies to conduct in...

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