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Case: 09-30925 Document: 00511366200 Page: 26 Date Filed: 01/31/2011
7.6(b)); (4) the use of simulated scenes or pictures or actors portraying clients
(Rule 7.2(c)(1)(I)); and (5) the use of a spokesperson, whether the spokesperson
is a lawyer, and whether the spokesperson is paid (Rule 7.5(b)(2)(c)).
In Ibanez, the Court struck down as “unduly burdensome” disclosure
requirements that “effectively rule[d] out” an attorney’s ability to include her
specialty “on a business card or letterhead, or in a yellow pages listing.” 512
U.S. at 146S47 (citing Zauderer, 471 U.S. at 651). The objected-to restrictions
in Rule 7.2(c)(10) effectively rule out the ability of Louisiana lawyers to employ
short advertisements of any kind. Accordingly, we hold that they are overly
burdensome and violate the First Amendment.
CONCLUSION
For the reasons given above, the opinion of the district court is
AFFIRMED with respect to Rules 7.2(c)(1)(E), 7.2(c)(1)(I), and 7.2(c)(1)(L).
These rules do not regulate attorneys’ commercial speech in a way that violates
the First Amendment. With respect to Rules 7.2(c)(1)(D), 7.2(c)(1)(J), and
7.2(c)(10), the judgment of the district court is REVERSED.
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