First Amendment Library

Gentile v. State Bar of Nevada (Docket #: 89-1836) (1991) [Findlaw]
Secondary Link	Gentile v. State Bar of Nevada [Legal Information Institute]
Argument Date	04/15/1991
Decided	06/27/1991
Supreme Court Vote	5-4
Supreme Court Ruling	First Amendment claim sustained

Issue	Freedom of Speech -- (1) Whether a state may constitutionally prohibit an attorney from making statements to the press that he or she knows or reasonably should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding and, if so, (2) whether the State Bar of Nevada properly applied the rule in this case.

Case Summary & Additional Resources

Majority Opinion

Kennedy, J. (delivered the opinion of the Court with respect to Parts III and VI) (joined by Marshall, Blackmun, Stevens, and O'Connor, JJ.)

Concurring Opinion

Kennedy, J. (with respect to Parts I, II, IV, and V) (joined by Marshall, Blackmun, and Stevens, JJ.) & O’Connor, J.

Dissenting Opinion

Rehnquist, C.J. (with respect to Part III) (joined by White, Scalia, and Souter, JJ.)

Lower Court

Nevada Supreme Court

Lower Court Ruling

First Amendment claim denied

Lawyers