Document Type
Article
Media Type
Text
Abstract
In Gentile v. State Bar of Nevada the United States Supreme Court declared unconstitutional a widely adopted professional regulation covering attorney discussion of pending criminal cases. The Court's conclusion was based in large part on a perceived risk of discriminatory enforcement against defense counsel. This article demonstrates that the Court's concern about discriminatory enforcement is supported by the empirical evidence. Extensive studies of disclosures in criminal cases demonstrate that an attorney trial publicity problem exists, and is substantially one of improper prosecutorial publicity. Nevertheless, the attention of the organized bar and its enforcement of disciplinary rules on trial publicity have focused almost exclusively on criminal defense attorneys, and have manifested an excessively deferential attitude toward prosecutorial publicity.
First Page
399
Last Page
424
Publication Date
5-1-1992
Department
Other
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Swift, Joel H.
(1992)
"Discriminatory Regulation of Trial Publicity: A Caveat for the Bar,"
Northern Illinois University Law Review: Vol. 12:
Iss.
2, Article 4.
Suggested Citation
Joel H. Swift, Discriminatory Regulation of Trial Publicity: A Caveat for the Bar, 12 N. Ill. U. L. Rev. 399 (1992).
