Pennsylvania Supreme Court Adopts Revised Rule 8.4(g), Without Seeking Public Comment, Over Dissent
Reason.com -

In December, Judge Kenney (EDPA) declared unconstitutional Pennsylvania's version of ABA Model Rule 8.4(g) in Greenberg v. Haggerty. The judge reiterated points that Eugene Volokh and I have been making for years: this rule may be well intentioned, but it violates the Free Speech Clause of the First Amendment.

In January, the Pennsylvania Bar filed a notice of appeal to the Third Circuit. But in March, the Bar surrendered. It voluntarily dismissed the appeal. At the time, I speculated that "the...

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