The US Court of Appeals for the Fifth Circuit has delivered a ruling dictating that the Louisiana State Bar Association (LSBA) contravened the First Amendment of the US Constitution by posting a number of tweets that were not germane to the practice of law. The ruling was publicized on Monday here.
The case pivots on the requirement for US lawyers to be members of their state bar in order to practice law within that state, determining that communications by the bar must be related to the legal profession. The decision was authored by Circuit Judge Jerry Smith who is part of the unanimous three-judge panel overseeing the case.
Furthermore, Judge Smith, referencing salient Fifth Circuit and US Supreme Court case law, emphasized that obligatory membership of the state bar would breach the First Amendment if the bar’s speech is not germane to lawyer regulation or the enhancement of the quality of legal services within that state. In this context, Judge Smith posited that a state bar’s speech would be germane if it is incurred either necessarily or reasonably, for the purpose of enhancing legal services or regulating the legal profession in the state.
The violation was identified in several of LSBA’s tweets. For instance, one tweet advocating the perks of an active lifestyle was established to be non-germane as it had no inherent link to law practice. Similarly, another tweet encouraging non-specific pro bono opportunities, instead of those pertaining to legal charitable opportunities, was found to be non-germane. Tweets regarding the complexity of student loans, potential reform in this area, and a post delving into the history of gay rights in the US were also categorized as non-germane.
The court discovered that the LSBA had exceeded its remit when it started sharing purely informational content without connecting it to the legal profession. The court then reverted the case back to the district court to propose an appropriate remedy for the solicitor who filed the lawsuit against the LSBA. The full story can be read here.