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Shapero v. Kentucky Bar Association (docket #: 87-16) (1988)  [Findlaw]

Argument Date 03/01/1988
Decided 6/13/1988
Supreme Court Vote 4-2-3
Supreme Court Ruling First Amendment claim upheld
IssueWhether a Kentucky rule barring the mailing or delivery of written advertisements related to a "specific event . . . involving or relating to the addressee . . . as distinct from the general public" violated the First Amendment.
Majority Opinion Brennan, J.
Concurring Opinion White, J. (joined by Stevens, J., concurring in part and dissenting in part)
Dissenting Opinion O'Connor, J. (joined by Rehnquist, C.J., & Scalia, J.)
Lower Court Kentucky Supreme Court
Lower Court Ruling First Amendment claim
For Petitioner
Donald L. Cox

For Respondent
Frank P. Doheny, Jr.

For Amicus
Barry Richard and Ray Ferrero, Jr. for the Florida Bar

C. Rufus Pennington III for the Academy of Florida Trial Lawyers (for respondent)

Robert MacCrate, Michael Franck and George Kuhlman for the American Bar Association (for respondent)

Ruling - Lower Court
726 S. W. 2d 299
Adler, Stephen, J., "He Can Advertise-But Only in Principle?" The Wall Street Journal, Aug. 30, 1988, p. 25
Cohen, Laurie P., "Direct Mail Legal Pitches Get Big Boost," Wall Street Journal, July 5, 1988, p. 23
Torry, Saundra, "Justices Nullify Ban on Lawyer Ads in Mail," The Washington Post, June 14, 1988, Sect. A, p. 1
Wermiel, Stephen, "High Court Rules Lawyers Have Right to Solicit Clients by Targeted Mailings," The Wall street Journal, June 14, 1988, p. 11
Brody, Steven G. & Johnson, Bruce E.H., ADVERTISING AND COMMERCIAL SPEECH: A FIRST AMENDMENT GUIDE (2nd ed., 2006) §5:3
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.)(2006), 11.3
Cooper, Sonja J.M., "Comments on Lawyer Advertising Papers," 14 Law and Literature 207 (2002)
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