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The Attorney "No-Comment" Rules and the First Amendment

Abstract

Lawyers participating in litigation concerning controversial issues are often the public's most accurate and informed source of information about those issues. Many jurisdictions, however, permit suppression of attorney comment when it poses a reasonable likelihood of trial prejudice. The author tests this restriction against the first amendment and concludes that the present standard should be abandoned for one that protects attorney's freedom of expression while ensuring the fairness of pending litigation.

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21 Ariz. L. Rev. 61 (1979)

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