In recent developments, a federal appeals court upheld a Pennsylvania professional conduct rule that prohibits attorneys from intentionally engaging in harassment or discrimination. An attempt to challenge this rule was dismissed on the grounds that the challenging attorney lacked standing, as explained by Judge Anthony Scirica in an opinion for a three-judge panel of the US Court of Appeals for the Third Circuit.
The contesting attorney, Zachary Greenberg, had argued that the rule could potentially repress the freedom of speech in his presentations for bar conferences and continuing legal education courses. However, Judge Scirica noted that the rule only extends to conscious or deliberate incidents of harassment or discrimination against a person. Since none of the content in Greenberg’s planned speeches meet this standard as per the judgement, his allegations had to be dismissed by the court.
After this decision, the Pennsylvania rule remains akin to similar laws practiced across several states nationwide. It must be noted that this development not only has immediate implications for the legal professionals in Pennsylvania, but also serves as a precedent for equivalent legal proceedings in other jurisdictions across the United States.
For more information, details on the judgement could be read here.