Legal Opinion

Andrew Dwyer v. Cynthia Cappell

Court of Appeals for the Third Circuit

Decided August 11, 2014No. 13-3235PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

AMBRO, Circuit Judge.

Attorney Andrew Dwyer, lauded by New Jersey judges in separate judicial opinions, published on his law firm’s website those complimentary remarks. One of the judges objected to this, and ultimately the New Jersey Supreme Court adopted an attorney-conduct guideline that bans advertising with quotations from judicial opinions unless the opinions appear in full. Is the guideline an unconstitutional infringement on speech as applied to the advertisements of Mr. Dwyer and his firm? We believe it is and thus reverse the contrary decision of the District…

2Cases cited18 opinions

  1. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  2. Bates v. State Bar of ArizonaSupreme Court of the United States · 1977
  3. Gitlow v. New YorkSupreme Court of the United States · 1925
  4. Bolger v. Youngs Drug Products Corp.Supreme Court of the United States · 1983
  5. Zauderer v. Office of Disciplinary Counsel of the Supreme Court of OhioSupreme Court of the United States · 1985

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3Cited by17 opinions

  1. George Matheis, Jr. v. CSL Plasma IncCourt of Appeals for the Third Circuit · 2019
  2. Ctia - the Wireless Ass'n v. City of BerkeleyCourt of Appeals for the Ninth Circuit · 2019
  3. National Ass'n of Manufacturers v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2015
  4. Ctia - the Wireless Ass'n v. City of BerkeleyCourt of Appeals for the Ninth Circuit · 2017
  5. Adams Outdoor Advertising Ltd v. PA Dept of TransportationCourt of Appeals for the Third Circuit · 2019

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