Not All Criticisms of Judges are Improper or Unwarranted
A place should be reserved for legitimate criticisms of judges and decisions.
May 29, 2024 at 12:16 PM
2 minute read
CommentaryWith bar associations and other legal organizations rightly railing against the former president's bashing of judges, we hope that such railing does not drown any legitimate criticisms of judges, or their First Amendment Protections. When lawyers do criticize judges, they place themselves in a precarious position. Rule of Professional Conduct 8.2(a) provides "[a] lawyer shall not knowingly make a false statement of fact concerning the qualifications, conduct or integrity of a judge." This rule embodies the New York Times v. Sullivan standard of "actual malice" that applies to defamation claims by public officials.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Law Firms Mentioned
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3'That's Disappointing': Only 11% of MDL Appointments Went to Attorneys of Color in 2023
- 4What We Know About the Kentucky Judge Killed in His Chambers
- 5'I'm Staying Everything': Texas Bankruptcy Judge Halts Talc Trials Against J&J
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250