Legal Opinion
John Berry, Jr. v. Michael Schmitt
Court of Appeals for the Sixth Circuit
Decided July 27, 2012No. 11-5456, 11-5515PublishedCited by 174 opinions
1Opinion of the CourtRogers, J., joined by Daughtrey, J.,
ZOUHARY, D.J. (pp. 305-06), delivered a separate concurring opinion.
OPINION
ROGERS, Circuit Judge.
The balance between an attorney’s right to free political speech and a state’s right to regulate attorney conduct is delicate. States often successfully navigate the tension between these competing interests, permitting open critique while protecting the viability and vitality of judicial institutions. One of the ways that states do this is through ethical rules that prohibit attorneys from making false or reckless statements about judicial officers. Sometimes, however, the balance is upset and…
2Cases cited27 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
- Steffel v. ThompsonSupreme Court of the United States · 1974
- Babbitt v. United Farm Workers National UnionSupreme Court of the United States · 1979
22 more not listed; retrieve them via the Exa API.
3Cited by174 opinions
- Robert McKay v. William FederspielCourt of Appeals for the Sixth Circuit · 2016
- Ass'n of Am. Physicians & Surgeons v. FDACourt of Appeals for the Sixth Circuit · 2021
- Hall v. CallahanCourt of Appeals for the Fifth Circuit · 2013
- RLR Investments, LLC v. City of Pigeon Forge, Tenn.Court of Appeals for the Sixth Circuit · 2021
- State v. WolfeOhio Court of Appeals · 2020
169 more not listed; retrieve them via the Exa API.