March 1, 2011
by Carolyn Elefant
The following is a guest post by Roy Ginsburg. In the famous 1977 Bates decision, the U.S. Supreme Court recognized that lawyers have First Amendment rights, too; legal advertising is constitutionally protected commercial speech. Prior to that, state’s ethics rules prohibited all advertising — and we never saw any of those amusing (and not so [...]
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Marketing & Making Money
August 25, 2010
by Carolyn Elefant
Courtesy of Professor Eric Goldman, here’s yet another reason to avoid canned content or ghostwritten materials in law firm newsletters, and by extension, blogs: it’s a sure-fire way to convert ordinary, First Amendment protected content into regulated advertising. Holtzman v. Turza (N.D. Ill. August 3, 2010) serves as a cautionary tale of what happens to [...]
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