www.sulphurdailynews.com/news/x2121669888/Judge-upholds -
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Published on: 8/4/2009
Last Visited: 8/9/2009
U.S. District Judge Martin Feldman's ruling says the state can freely regulate ads that employ client testimonials, portray a judge or jury, ''promise results'' for clients or use mottos that imply a lawyer's ability to ''obtain results.''
However, Feldman said a new rule limiting attorneys' use of celebrity endorsements violates the First Amendment and can't be enforced by the state.
The judge also struck down two rules governing lawyers' Internet ads, which he said don't account for differences between ads on the Web and those on television and other ''traditional media.''
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In his ruling, Feldman said he disagrees with the plaintiffs' argument that the state hasn't articulated a ''substantial interest'' in restricting lawyer ads.
''The state may not by scatter-shot condemn lawyer advertising, but does indeed have a substantial interest in addressing the ethical standards of the profession, as well as in preventing public confusion or deception,'' he wrote.
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Feldman cited Wolfe's ''compelling example'' in deciding that the new rule imposing filing requirements for Internet ads is unconstitutional.