DWYER v. CAPPELL

No. 13-3235.

762 F.3d 275 (2014)

Andrew DWYER; The Dwyer Law Firm, LLC, Appellants v. Cynthia A. CAPPELL, in her official capacity as the Chair of the Supreme Court of New Jersey Committee on Attorney Advertising; Jonathan M. Korn, in his official capacity as the Vice Chair of the Supreme Court of New Jersey Committee on Attorney Advertising; Frank L. Corrado, in his official capacity as a member of the Supreme Court of New Jersey Committee on Attorney Advertising; Elizabeth Y. Fuerst, in her official capacity as a member of the Supreme Court of New Jersey Committee on Attorney Advertising; Sheryl Mintz Goski, in her official capacity as a member of the Supreme Court of New Jersey Committee on Attorney Advertising; Amirali Y. Haidri, in his official capacity as a member of the Supreme Court of New Jersey Committee on Attorney Advertising; Nora Poliakoff, in her official capacity as a member of the Supreme Court of New Jersey Committee on Attorney Advertising; Carol Johnston, in her official capacity as a member of the Supreme Court of New Jersey Committee on Attorney Advertising.

United States Court of Appeals, Third Circuit.

Opinion filed: August 11, 2014.


Attorney(s) appearing for the Case

Andrew W. Dwyer, Esquire (Argued), The Dwyer Law Firm, Newark, NJ, Counsel for Appellants.

John J. Hoffman , Acting Attorney General of New Jersey, Lisa A. Puglisi , Assistant Attorney General, Susan M. Scott (Argued), Deputy Attorney General, Office of Attorney General of New Jersey, Department of Law and Public Safety, Trenton, NJ, Counsel for Appellees.

Before: AMBRO, HARDIMAN, and GREENAWAY, JR., Circuit Judges.


OPINION OF THE COURT

AMBRO, Circuit Judge.

Attorney Andrew Dwyer, lauded by New Jersey judges in separate judicial opinions, published on his law firm's website those complimentary remarks. One of the judges objected to this, and ultimately the New Jersey Supreme Court adopted an attorney-conduct guideline that bans advertising with quotations from judicial opinions unless the opinions appear in full. Is the guideline an unconstitutional infringement on...

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