2nd Circuit Revives Connecticut Lawyers' Challenge to Anti-Discrimination Ethics Rule
“At this stage in the proceedings, Appellants have alleged plausibly that they intend to engage in speech proscribed, at least arguably, by a recently enacted, focused regulation," Chief Judge Debra Ann Livingston wrote for the panel.
December 09, 2024 at 05:34 PM
3 minute read
The U.S. Court of Appeals for the Second Circuit on Monday revived a First Amendment lawsuit against Connecticut State Bar members over a disciplinary rule meant to punish harassment and discriminatory conduct.
The Second Circuit panel said two Connecticut attorneys, Mario Cerame and Timothy Moynahan, showed they face a credible threat of being sanctioned under the rule. The lawyers allege they are forced to chill their speech about race theory and other contentious issues in legal blogs and at continuing legal education events to reduce the likelihood of being subject to disciplinary action.
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