Vindication: Or, An Obvious Prediction Come True


The New Jersey Supreme Court has just struck down an earlier ruling that banned lawyers from advertising their inclusion on lists such as Super Lawyers or Best Lawyers in America. It noted that lawyer advertising is a form of commercial speech protected by the First Amendment. The decision is not only rational, but it’s in keeping with the realities of contemporary legal practice. It is also a vindication for those of us who have long protested anti advertising rulings promulgated by several state Bar Associations. Many of us bloggers, both lawyers and non-lawyers, have long protested that such anti-advertising rulings were not only unconstitutional, but were also in conflict with Bates v. State Bar of Arizona (1977), which struck down the Canons of Ethics that prohibited what we now call frank marketing.

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