Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2001

Legal Ethics and Professional Responsibility

Cornell University Law School

In re Sawyer

Articles 1 - 1 of 1

Full-Text Articles in Law

Free Speech For Lawyers, W. Bradley Wendel Jan 2001

Free Speech For Lawyers, W. Bradley Wendel

Cornell Law Faculty Publications

One of the most important unanswered questions in legal ethics is how the constitutional guarantee of freedom of expression ought to apply to the speech of attorneys acting in their official capacity. The Supreme Court has addressed numerous First Amendment issues involving lawyers, of course, but in all of them has declined to consider directly the central conceptual issue of whether lawyers possess diminished free expression rights, as compared with ordinary, non-lawyer citizens.

The arguments of this Article are synthetic in structure. I do not aim just to criticize reported cases, but rather to show how the regulation of lawyers ...