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More on the ABA’s Threat to Free Speech

John J. Park, Jr. June 19, 2017
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In my post of May 9, 2017 regarding the ABA’s new Model Rule 8.4(g), I noted the breadth of the new rule. It would make it professional misconduct for a lawyer to, among other things, “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.” Proposed new Comment 4 illustrates the broad reach of the new rule. It explains that the range of activities related to the practice of law includes, but is not limited to, “participating in bar association, business or social activities undertaken in connection with the practice of law.” [Read More]

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professional censored speech

The ABA’s Garbled View of Free Speech

John J. Park, Jr. May 09, 2017
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In 2011, Florida enacted the Firearm Owners’ Protection Act, which as Joseph Greenlee has written “protect[s] patients from unethical practices of licensed physicians,” who were intrusively asking patients whether they own a firearm, even when such ownership had nothing to do with the purpose of the patient’s treatment. In pertinent part, the Act states that medical professionals “should refrain from making a written inquiry or asking questions concerning the ownership of a firearm or ammunition by the patient or by a family member of the patient, or the presence of a firearm in a private home” unless they in “good faith believe[] that this information is relevant to the patient’s medical care or safety, or the safety of others.” Fla. Stat. § 790.338(2). Another provision prevents medical professionals from “discriminat[ing] against a patient based solely” on the patient’s ownership or possession of a firearm. Fla. Stat. § 790.338(5). [Read More]