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Peel v. Attorney Disciplinary Commission of Illinois (docket #: 88-1775) (1990)  [Findlaw]

Argument Date 01/17/1990
Decided 6/4/1990
Supreme Court Vote 3-2-4
Supreme Court Ruling First Amendment claim upheld
IssueWhether a rule barring lawyers from advertising certification as a legal specialist violated the First Amendment's freedom of speech clause.
Majority Opinion Stevens, J.
Concurring Opinion Marshall, J. (joined by Brennan, J.)
Dissenting Opinion White, J., & O'Connor, J. (joined by Rehnquist, J. & Scalia, J.)
Lower Court Illinois Supreme Court
Lower Court Ruling First Amendment claim denied
Oral Arguments Audio (Oyez)  [Oyez]
For Petitioner
Bruce J. Ennis, Jr.

For Respondent
William F. Moran III

For Amicus
Burt Neuborne for the Association of National Advertisers, Inc. (for petitioner)

Clarance E. Hagglund for the Academy of Certified Trial Lawyers of Minnesota

Daniel J. Popeo, Paul D. Kamenar, Alan M. Slobodin, and Richard Samp for the Washington Legal Foundation et al. (for petitioner)

David C. Vladeck and Alan B. Morrison for Public Citizen (for petitioner)

Jeffrey Robert White and Russ M. Herman for the Association of Trial Lawyers of America et al. (for petitioner)

Philip B. Kurland and Alan S. Madans for the American Advertising Federation, Inc. (for petitioner)

Stephen J. Marzen for the Federal Trade Commission (for petitioner)

Timothy Wilton and Jacob D. Fuchsberg for the National Board of Trial Advocacy

Ruling - Lower Court
126 Ill. 2d 397, 534 N. E. 2d 980
Lipman, Joanne, "Case Fans Concern for Firms' Free Speech," The Wall Street Journal, Sept. 12, 1989, Sect. B, p. 5
Margolick, David, "At the Bar," The New York Times, Dec. 15, 1989, Sect. B, p. 20
Brody, Steven G. & Johnson, Bruce E.H., ADVERTISING AND COMMERCIAL SPEECH: A FIRST AMENDMENT GUIDE (2nd ed., 2006) §5:6
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