The ABA recently approved an amendment to
Model Rule 8.4 to make it misconduct to use discriminatory or biased
speech. Back in January I wrote a long comment
on the original proposal, which was changed before it was approved. The approved version addressed some of the issues I had
originally objected to, but I still have reservations about the approved
language because it seems to punish
protected speech. You can read my most recent
comments on it here, here and here.
Now comes news that the Texas attorney general has expressed the view that the rule is unconstitutional. The rule has not yet been adopted in Texas. The ABA Journal has more on the story here.
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