As we have previously reported, York's new attorney advertising regulations are the subject of a federal lawsuit filed by Public Citizen, Inc., a nonprofit consumer advocacy group.
The litigation seeks to stay the enforcement of these overly broad and restrictive rules and to have them declared unconstitutional. To that end, Public Citizen recently filed a memorandum of law in support of its request for a preliminary injunction.
In a 25-page brief, which challenges the constitutionality of the new regulations in their entirety, Public Citizen argues, in part, as follows:
None of the applications of the rules relates in any way to the state's interest in protecting consumers of legal services from false advertising. Moreover, far from being narrowly tailored, the rules would apply to a wide range of speech that the state has no interest in regulating. The rules would thus unconstitutionally burden the public's interest in receiving important noncommercial communications.
We agree.
To download a copy of the plaintiffs' brief, please use the following link: http://www.nyrealestatelawblog.com/blog%20~%20%20attorney%20advertising%20brief.pdf
To view our other posts on this topic, please use the following link: http://www.nyrealestatelawblog.com/search/mt-search.cgi?IncludeBlogs=4&search=attorney+advertising