Free Speech

Arizona Supreme Court Rejects Proposed Lawyer Speech Code (Rule 8.4(g))

The rule would have banned, among other things, "harmful verbal ... conduct that manifests bias or prejudice towards others" "on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law," including "in bar association, business or social activities in connection with the practice of law."

|The Volokh Conspiracy |

Yesterday, the Arizona Supreme Court announced that it was rejecting the proposal; for more on why I think that's right, see this post. So far, it appears (based on data gathered by the Christian Legal Society), that

  • Arizona, Illinois, Minnesota, Montana, Nevada, South Carolina, and Tennessee have rejected the proposal.
  • The Louisiana, South Carolina, Tennessee, and Texas Attorneys General have issued opinions concluding that the rule is likely unconstitutional.
  • The Montana legislature adopted a joint resolution taking the same view.
  • Vermont is the only state that has adopted the proposal.