A Northern District of New York federal judge failed to recognize the limits the U.S. Supreme Court has placed on commercial free speech when he ruled that most of New York state’s new restrictions on attorney advertisements are unconstitutional, the state is arguing on appeal.

Promotional activities that the guidelines seek to prohibit are not protected by the First Amendment and U.S. Judge Frederick J. Scullin “erred” when he found them unconstitutional, the attorney general’s office contends in its brief to the 2nd U.S. Circuit Court of Appeals.

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