Judge Bars Implementation Of Pa. Anti-Bias Rule For Attys

Law360 (December 8, 2020, 7:27 PM EST) -- A Pennsylvania federal judge on Tuesday found that a newly implemented ethics rule in the state allowing attorneys to face discipline over expressions of bias or prejudice threatened to infringe on the free speech rights of members of the bar.

Judge Chad Kenney agreed to temporarily enjoin the rule after siding with Zachary Greenberg, an attorney with the Philadelphia-based Foundation for Individual Rights in Education, that the new provision threatened his work advocating for the constitutionality of hate speech and the due process rights of individuals accused of sexual assault.

"Ultimately, the court is swayed by the chilling effect that the...

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