NY Attorney Ad Rules part 2

A brief in support of a preliminary injunction has been filed in the case challenging the Amendments to Rules Governing Lawyer Advertising, I wrote about earlier this month.

The new rules are restrictive of websites if they are upheld will likely cause problems for New York lawyers who blog and add great restrictions to both speech that would be considered to be advertising and speech that would not.

A quick glance at the brief's index shows it raises the following points:

ARGUMENT...........6

I.The Amended Rules Unconstitutionally Restrict the Right of Lawyers to Advertise.........7

A. The Amendments Are Not Supported by Any Legitimate State Interest...............8

B. The Amendments Are Not Narrowly Drawn............12

C. The Amendments Are Not Supported by Any Evidence..............14

D. The Amendments Are Unconstitutionally Vague................15

II. The Amended Rules Unconstitutionally Restrict Access by New York Consumers to Information About Their Legal Rights and Available Legal Services. ..................17

A. Consumers Are Injured By Restrictions on Lawyer Communications..................17

B. The Amendments Unconstitutionally Restrict Consumers’ Access to Commercial Communications................19

C. The Amendments Restrict Consumers’ Access to Information About Their Constitutional Rights by Restricting Noncommercial Communications...............21