On August 6th a Philadelphia lawyer filed a complaint against The Pennsylvania Bar claiming that a new ethics rule infringes on his first amendment rights. Right
The rule at issue is a variation of Model Rule 8.4(g), on which the ABA provided guidance earlier this summer. The Pennsylvania rule states that lawyers may not “knowingly manifest bias or prejudice, or engage in harassment or discrimination … including but not limited to bias, prejudice, harassment or discrimination based upon race, sex, gender identity or expression, religion, national origin, ethnicity, disability, age, sexual orientation, marital status or socioeconomic status.” The rule contains a comment that says CLE seminars and bar conferences are considered “conduct in the practice of law” and are therefore places where a lawyer may not manifest bias or prejudice.
The lawyer who filed the complaint frequently speaks at legal events and has been known to advocate on behalf of constitutional rights in ways that often encourage hate speech. He claims that the Philadelphia ethics rule may be used against him if an audience member “misconstrues” something he has said as prejudiced. The lawyer states that under the new rule he would not speak on subjects like academic freedom and regulation of hate speech in fear that he might face ethics violations. This is an issue for him because speaking on these issues is part of his job at the Foundation for Individual Rights in Education. The lawyer goes on to criticize the new rule by listing examples of Supreme Court justices whose opinions have been considered biased.
Read the full complaint here.
