Archive for category Press Release

Louisiana’s Regulation of Internet Speech By Attorneys Declared Unconstitutional

Posted by Scott Wolfe Jr in LA Lawyer Ad Rules, Press Release, Speech Restrictions by Bars, Wolfe v LADB on August 4th, 2009

New Orleans, Louisiana (PRWEB) August 4, 2009 – On Monday, federal Judge Martin Feldman declared unconstitutional Louisiana’s new regulations of attorney advertising on the Internet.

Scott Wolfe Jr. and Wolfe Law Group, who practice construction law in New Orleans, Louisiana, challenged the new lawyer advertising regulations as they applied to the Internet. Wolfe argued the regulations failed to consider the differences between television and Internet advertising, and regulated Internet ads without a need.

“Louisiana didn’t have a reason to regulate Internet ads, and they didn’t understand how attorneys actually use the Internet to advertise,” Wolfe said. “As a result, the rules were incompatible with the realities of Internet advertising.”

The United States Louisiana Eastern District Court agreed, stating in its 39-page opinion that “the Internet presents unique issues related to advertising, which the State simply failed to consider in formulating this Rule.”

“This is a very important ruling,” Wolfe adds. “The court not only noted that states must have a reason to regulate Internet speech, but it also recognized that the Internet media is different from broadcast media, and is entitled to unique protection.”

Certain other components of the new Louisiana lawyer advertising regulations were upheld, including restrictions on ads that promise results, portray a judge or jury or contain a celebrity endorsement.

While these regulations were upheld, the court noted that the “same Rules as those developed for television, radio and print ads” could not be simply applied to Internet advertising. Judge Feldman based this on a finding that “Internet advertising differs significantly from advertising in traditional media.”

Wolfe, who advertises exclusively online, argued that if the rules took effect an attorney’s participation in legal blogs and social networking sites would be unreasonably restricted. Further, Wolfe argued that Google ad campaigns could costs thousands in administrative evaluation fees.

Wolfe’s lawsuit was filed in the United States Eastern District Court of Louisiana, docket number 08-4994. Read a copy of Judge Feldman’s order at JDSupra.   The plaintiffs were represented by Ernest Svenson of the Svenson Law Firm, and pro-se by Wolfe Law Group.

For additional information on the news that is the subject of this release, contact Jessica Reiser or visit Wolfe Law Group’s online media center: http://media.wolfelaw.com.

About Wolfe Law Group
Wolfe Law Group is a construction law practice with offices in Seattle, Washington and New Orleans, Louisiana. The firm publishes a blog on Louisiana and Washington construction law titled the Construction Law Montior, and prides itself on thinking different in the legal profession.

Contact
Jessica Hunter, director of public relations
504-894-9653
http://www.wolfelaw.com

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Louisiana Ad Rules Pushed Back 6 Months, WLG Files Motion for Summary Judgment

Posted by Scott Wolfe Jr in LA Lawyer Ad Rules, Press Release, Wolfe v LADB on February 22nd, 2009

Wolfe Law Group announces the filing of a Motion for Summary Judgment in its challenge of the Louisiana lawyer advertising rules, and the Louisiana Supreme Court announces that the effective date of the rules are postponed until October 1, 2009.

NEW ORLEANS, LA (WolfeLaw) February 19, 2009 — Yesterday, the Louisiana Supreme Court announced that the new lawyer advertising regulations would take effect on October 1, 2009, rather than the previously announced effective date of April 1, 2009.

According to the press release, “the Court has decided to defer implementation of the new rules until October 1, 2009, in order to allow the LSBA and the Court to further study certain rules in light of the constitutional challenges that have been raised.”

As many of our clients and friends know, Scott Wolfe Jr. and Wolfe Law Group filed a federal lawsuit against the Louisiana Attorney Disciplinary Board in November 2008 to challenge the new lawyer advertising regulations as unconstitutionally restricting a lawyer’s right to free speech.

On the evening before the Louisiana Supreme Court press release, Wolfe Law Group, along with consolidated Plaintiffs Public Citizen, Inc., William Gee, and Morris Bart, had filed Motions seeking Summary Judgment.   The Motion of Scott Wolfe Jr. and Wolfe Law Group is available for viewing on our JDSupra page, here.

Notwithstanding the Louisiana Supreme Court’s postponement of the advertising regulations, the Summary Judgment motions are currently set for hearing on March 4, 2009 at 10:00 A.M.

To continue commenting upon the progress of the action, the firm launched a blog titled “Blogging is Speaking,” at the web address http://www.protectspeech.com.  The blog was updated this morning with a new look, and more user-friendly layout.

For a copy of the lawsuit, click here.

Find the cause on Facebook here.

The lawsuit was filed in the United States District Court of the Eastern District of Louisiana, Case No. 08-4994, Section F, Magistrate 2.

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Scott Wolfe discusses suit on This Week in Law Podcast

Posted by Scott Wolfe Jr in Press Release on December 17th, 2008

Scott Wolfe was a featured guest on the 19th episode of the This Week in Law podcast. The podcast title, “Getting in Trouble on the Internets” discusses Obama’s BlackBerry issues, blogging vs. advertising, the MySpace suicide case, and more.

You can listen to the podcast, and subscribe to TWiL at: http://twit.tv/twil19

Talking points for the podcast are here: http://delicious.com/thisweekinlaw/19.

Scott was invited to speak about Wolfe Law Group’s federal suit against the Louisiana State Bar Association, challenging the new lawyer advertising rules as unconstitutional. Read more about this suit at http://www.protectspeech.com.

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Join Us On Facebook

Posted by Scott Wolfe Jr in Press Release on November 29th, 2008

Show your support for free speech by becoming our fan on Facebook.

We’re excited to report that Blog No Evil now has a page on facebook, where our fans and supporters can join in on discussions, posts comments, stay updated on the cause, and more.

It’s easy to become a “fan” of the cause by visiting the site through your Facebook profile and clicking on the “Become a Fan” link. This spreads the word about our cause to your friends and connections, and demonstrates your support. Becoming a fan also gives you the opportunity to connect to other fans of Blog No Evil.

Click Here to visit our Facebook page.

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Wolfe Law Group files Federal Lawsuit to Say: Blogging is Speaking

Posted by Scott Wolfe Jr in Press Release on November 24th, 2008

NEW ORLEANS, LA (PRWEB.Com) November 24, 2008 — This morning, Wolfe Law Group, L.L.C. filed a suit in federal court challenging the constitutionality of Louisiana’s new rules governing lawyer advertising.

The lawsuit seeks to prevent the enforcement of Louisiana’s new advertising rules, scheduled to take effect on April 1, 2009. The Louisiana advertising rules are some of the most aggressive in the nation, and Wolfe Law Group’s suit argues that the rules go too far and restrict an attorney’s right to freely speak about its trade.

Wolfe Law Group argues that the new rules effectively prevent a lawyer from advertising its services through online mediums, such as Google’s Adwords, as the rules also restrict an attorney’s ability to engage in discourse with colleagues, clients and the public through online bulletin boards, blogs, twitter, and other online communities and forums.

The law firm that practices in the area of construction law out of its offices in New Orleans, Louisiana and Seattle, Washington, is actively engaged in the Internet marketplace, posting daily on sites like wolfelaw.com, Twitter, Facebook, Avvo.com, and similar web 2.0 services.

The suit argues that Louisiana’s new advertising rules would subject each of the firm’s posts to an “evaluation” by the Louisiana State Bar Association, with an evaluation fee of $175.00.

According to a letter sent to Wolfe Law Group’s colleagues and clients, “the new rules would stifle our firm’s ability to continue talking with you about the legal profession, the construction industry and the evolution of construction law across the nation.”

To continue commenting upon the progress of the action, the firm launched a blog titled “Blogging is Speaking,” at the web address http://www.protectspeech.com.

For a copy of the lawsuit, click here.

Find the cause on Facebook here.

Wolfe Law Group, L.L.C. is a construction law firm with offices in Seattle, Washington and New Orleans, Louisiana. The lawsuit was filed in the United States District Court of the Eastern District of Louisiana, Case No. 08-4994, Section F, Magistrate 2.

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