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Case: 09-30925   Document: 00511366200   Page: 1   Date Filed: 01/31/2011







                         IN THE UNITED STATES COURT OF APPEALS
                                         FOR THE FIFTH CIRCUIT                          United States Court of Appeals
                                                                                              Fifth Circuit
                                                                                            F I L E D

                                                                                         January 31, 2011
                                                      No. 09-30925
                                                                                          Lyle W. Cayce
                                                                                               Clerk
               PUBLIC CITIZEN INC.; WILLIAM N. GEE, III; WILLIAM N. GEE, III,
               LTD.; MORRIS BART; MORRIS BART, L.L.C.,


                                                                  Plaintiffs–Appellants,
               v.


               LOUISIANA ATTORNEY DISCIPLINARY BOARD; BILLY R. PESNELL, in
               his official capacity as Chair of the Louisiana Attorney Disciplinary Board;
               CHARLES B. PLATTSMIER, in his official capacity as Chief Disciplinary
               Counsel for the Louisiana Attorney Disciplinary Board’s Office of Disciplinary
               Counsel,


                                                                  Defendants–Appellees.






                                   Appeal from the United States District Court
                                        for the Eastern District of Louisiana




               Before HIGGINBOTHAM, CLEMENT, and OWEN, Circuit Judges.

               EDITH BROWN CLEMENT, Circuit Judge:

                       Before  the  court  is  a  First  Amendment  challenge  to  rules  governing

               attorney advertising in Louisiana.  Various Louisiana attorneys and law firms,
               as well as a national nonprofit organization with Louisiana members, filed suit

               against the Louisiana Attorney Discipline Board (LADB), a body tasked with

               investigating lawyer misconduct and making discipline recommendations to the

               Supreme Court of Louisiana, and two LADB officers.  The plaintiffs argued that

               certain Louisiana Rules of Professional Conduct unconstitutionally infringe on
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