Greenberg v. Lehocky, No. 22-1733 (3d Cir. 2023)
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The Supreme Court of Pennsylvania amended Pennsylvania Rule of Professional Conduct 8.4 to prohibit harassment and discrimination in the practice of law. Greenberg, a Pennsylvania-licensed attorney, regularly gives continuing legal education presentations about First Amendment protections for offensive speech. His presentations involve quoting offensive language from judicial opinions and discussing arguably controversial topics. Greenberg fears his speech at these presentations will be interpreted as harassment or discrimination under the Rule and alleges the Rule violates the First Amendment and is unconstitutionally vague.
The district court enjoined enforcement of the Rule. The Third Circuit reversed. Greenberg lacks standing to bring his challenge. Rule 8.4(g) does not arguably prohibit anything Greenberg plans to do. The Rule covers only knowing or intentional harassment or discrimination against a person. Nothing in Greenberg’s planned speeches comes close to meeting this standard. Rule 8.4(g) does not generally prohibit him from quoting offensive words or expressing controversial ideas, nor will the defendants impose discipline for his planned speech. Any chill to his speech is not objectively reasonable or cannot be fairly traced to the Rule.
The court issued a subsequent related opinion or order on September 22, 2023.
The court issued a subsequent related opinion or order on September 22, 2023.
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