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HIRSCHKOP v. SNEAD

No. 76-2016.

594 F.2d 356 (1979)

Philip J. HIRSCHKOP, Appellant, and American Civil Liberties Union of Virginia and Richmond Newspapers Professional Association, Plaintiff-Intervenors, v. Hon. Harold F. SNEAD, Hon. Lawrence W. I'Anson, Hon. Lee Carrico, Hon. Albertis S. Harrison, Hon. Alexander M. Harman, Jr., Hon. George Cochran, and Hon. Richard H. Poff, in official and Individual capacities, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 2, 1979.

Attorney(s) appearing for the Case

Philip J. Hirschkop, Alexandria, Va. (John D. Grad, Hirschkop & Grad, Alexandria, Va., Jeremiah S. Gutman, New York City, Richard C. Shadyac, Fairfax, Va., on brief), for appellant.

John W. Riely, Richmond, Va. (James E. Farnham, Jack E. McClard, Hunton & Williams, Richmond, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and WINTER, BUTZNER, RUSSELL, WIDENER, HALL, and PHILLIPS, Circuit Judges, sitting

PER CURIAM:*

This case presents the question of whether rule 7-107 of the Virginia Code of Professional Responsibility1 which restricts lawyers' comments about pending litigation violates the right of freedom of speech secured by the first and fourteenth amendments.2 The district court issued a declaratory judgment upholding the constitutionality...

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