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.
Post a Comment