2nd Circ. Halts Some NY Rules On Atty Ad Disclaimers

Law360, New York (March 5, 2012, 4:50 PM EST) -- The Second Circuit on Monday overturned part of a New York state requirement that lawyers advertising professional certifications include a particular disclaimer, saying sections of the rule are unconstitutional encroachments on free speech.

The appeals court said a requirement that ads say certified lawyers aren't necessarily more competent than others is "far more intrusive than necessary" and impermissible under the First Amendment. The court also overturned a part of the rule requiring advertisements explain that lawyers can practice without special certifications, saying the state hadn't shown...
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