The state of New York’s inability to defend some of the most controversial new guidelines on attorney advertising from constitutional challenge reflects the weak rationale for adopting the rules in the first place, opponents of broad restrictions say.

And unless the state obtains a stay on the permanent injunction Northern District of New York Judge Frederick J. Scullin Jr. imposed on enforcement of several provisions in the guidelines, the drumbeat of advertisements featuring the “heavy hitters” and firms using similar monikers will be back on the airwaves. No stay had been requested as of Thursday.

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