State v. Russell

While concurring with the majority decision with respect to the Soptick complaint, I respectfully dissent as to the majority decision on the Haas complaint. The majority has correctly noted the general rule recognized in State v. Nelson, 210 Kan. 637, 640, 504 P.2d 211 (1972), that an attorney’s constitutional right of free speech is tempered by his obligation to the courts and the bar, a limitation not imposed upon the ordinary citizen. Recause of the seriousness of any state infringement upon a constitutionally protected freedom, the court has properly limited its ability to discipline…