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Case 2:19-cv-11962-LMA-JVM Document 106 Filed 08/08/22 Page 22 of 33

on a single non-germane tweet. After all, the implications of such a reading would be

severe: even the most careful, well-intentioned bar association will occasionally

engage in minor activities that may be characterized as non-germane. If a single

instance of non-germane speech, no matter how negligible, gives rise to a

constitutional violation—a violation which cannot be remedied by a pro rata refund

of fees, pursuant to McDonald’s freedom of association holding—then the practical

effect will be that mandatory bar associations will eventually be rendered extinct.

This Court will not reach such a conclusion, absent clearer guidance from the Fifth

Circuit or the Supreme Court. With these principles in mind, the Court will analyze

whether the post-McDonald activities criticized by plaintiff are germane.

Proceeding to the specific criticized activities in this case, plaintiff first objects

to multiple LSBA tweets pertaining to physical and mental health. These tweets are

generally intended to promote “Wellness Wednesday” programming, which

encourages attorneys to remain mindful of wellness issues and offers periodic

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optional CLEs directed to attorney wellness issues. These activities are germane to
improving the quality of legal services. Defendants offered testimony at trial

regarding the increased rates of mental health issues and alcoholism in the legal

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profession, as compared to the general public. Further, the Louisiana Rules of

69 Pipes at 116:3-25; Ponder at 140:19-22; Defs. Exh. 49.
70 See Pipes at 102:21-103:3; id. at 106:21-107:3 (“There are more suicides among
lawyers than there are in the general public. There’s more alcoholism. There [are]
more mental breakdowns. I think the stress of what we do and a workout helps relieve
that. I think we all know people that we wish they would have taken care of
themselves better and us trying to encourage lawyers to do that, I think it’s an
obligation of the profession.”).

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