At Concurring Opinions, Jenia Turner has this interesting post about a French lawyer who was warned after a sharp reference to the possibly corrupt nature of the court. Of course, this arises in the US as well. Perhaps the most recent notorious case was the In re Wilkins case, discussed here. Brad Wendel (W. Bradley Wendel (Free Speech for Lawyers, 28 HASTINGS CONST. L.Q. 305 (2001)) and Eugene Volokh have written about the free speech rights of lawyers and other professionals. It's a perennial issue. It arose again recently when lawyers for Guantanamo detainees criticized the tribunals there.
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« Public-Record Exception to Confidentiality | Main | Another Confidentiality Study »
July 09, 2009
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Recent Posts
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- Transcript from hearing in US v. Ruehle
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And see, 32 years ago, Freedman & Starwood, Prior Restraints on Freedom of Expression by Defendants and Defense Attorneys, 29 Stan. L. Rev. 608 (1977), and most recently, ULE (2004), "Lawyers' Speech - Criticizing Judges," 89-93; "Lawyers' Speech -Trial Publicity," 104-109.
Posted by: Monroe Freedman | July 10, 2009 at 12:47 AM
Those in authority always get upset when anyone questions their motives. It's not surprising.
Posted by: Joe | July 10, 2009 at 09:37 AM
On an important related issue, see The Threat to Judicial Independence by Criticism of Judges -- A Proposed Solution to the Real Problem, 25 Hofstra L. Rev. 729 (1997).
Posted by: Monroe Freedman | July 10, 2009 at 11:16 AM