The U.S. Supreme Court yesterday declined to review a decision striking down most of New York’s rules barring attorneys from using nicknames, client testimonials and other flamboyant messages or images in advertising. Solicitor General Barbara Underwood had sought certiori in Cahill v. Alexander, contending that the U.S. Court of Appeals for the Second Circuit’s ruling was contrary to decisions by other top state courts that had upheld prohibitions on lawyer ads similar to those imposed in New York in 2007.
The circuit had found that state rules limiting so-called content-based ads violate the First Amendment (NYLJ, March 15). But it did uphold a new rule prohibiting attorneys from soliciting business among accident victims within 30 days of their incidents.
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