Greenberg v. Lehocky, 2023 U.S. App. LEXIS 22737 (3d Cir. August 29, 2023) (Scirica, C.J.), modified by Greenberg v. Lehocky, 2023 U.S. App. LEXIS 25157 (3d Cir. Sept. 22, 2023)(clerical changes), was a most curious case involving a challenge to a rule of professional conduct promulgated by the  Pennsylvania Supreme Court. In particular, the Supreme Court, interested in prohibiting harassment and discrimination in the practice of law, issued Pennsylvania Rule of Professional Conduct 8.4.

Plaintiff Zachary Greenberg is a Pennsylvania-licensed attorney who regularly gives continuing legal education presentations about First Amendment protections for offensive speech. His presentations involve quoting offensive language from judicial opinions and discussing arguably controversial topics. Greenberg fears his speech at these presentations will be interpreted as harassment or discrimination under the rule. Before the rule was scheduled to take effect, plaintiff Greenberg sued members of the Disciplinary Board of the Pennsylvania Supreme Court as well as the board’s chief and deputy chief disciplinary counsel. He alleges the rule violates the First Amendment and is unconstitutionally vague. The district court agreed with him and enjoined enforcement of the rule.