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Ben Glass
Ben Glass
Attorney • (703) 584-7277

New York Advertising Rules Under Immediate Challenge

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I’m all for effective, ethical marketing by attorneys but state regulation of attorney ads must be weighed against First Amendment protections. Generally, states cannot regulate “taste” and are limited to limiting advertising by attorneys (or any business) that is false or deceptive. If the state wants to restrict advertising, it generally must show that a particular marketing technique results in false or misleading advertising and then must show that any new rule regulating advertising “fixes” the problem in an efficient manner–and does not infringe upon the First Amendment.

On February 1 New York enacted new rules restricting lawyer advertising. On February 2, a major New York advertising law firm filed suit, challenging New York’s new lawyer advertising rules.

Many thanks to New York personal injury attorney Gary Rosenberg (who’s coming out with new book really taking the wraps off some deceptive and illegal attorney “advertising practices”) for alerting me to the filing of the lawsuit.