State v. Moses’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We fully recognize that the First Amendment rights of an attorney may be violated if a too restrictive approach is taken toward an attorney’s right to advertise. Bates v. State Bar of Arizona, 433 U.S. 350 , 53 L.Ed.2d 810 , 97 S.Ct. 2691 (1977). The most recent pronouncement on the question by the United States Supreme Court is found in In re B.M.J., 455 U.S. 191 , 71 L.Ed.2d 64 , 102 S.Ct. 929 (1982). In that case the Supreme Court held that certain restrictions on advertising and direct mailing in the rules of the Missouri Supreme Court violated the attorney’s First Amendment rights and reversed a decision of the Missouri court that the respondent should be disciplined by private reprimand. While it is true that personal solicitation by an attorney is a form of advertising, we do not believe all such solicitation is protected from reasonable regulation by the First Amendment to the United States Constitution. The United States Supreme Court has recognized a distinction between protected forms of advertising and direct solicitation. In In re R.M.J. the court noted: “ ‘In Ohralik v. Ohio State Bar Assn., 436 U.S. 447, 462 (1978), the Court held that the possibility of “fraud, undue influence, intimidation, overreaching, and other forms of vexatious conduct was so likely in the context of in-person solicitation, that such solicitation could be prohibited.” ’ 455 U.S. at 202. “Recent cases involving direct mailings include Bishop v. Committee on Professional Ethics, 521 F. Su”

   1 later decision quote this exact passage
   e.g. State v. Caenen