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The American Bar Association has amended Rule 8.4 of its Model Rules for Professional Conduct to prohibit “harmful verbal or physical conduct that manifests bias or prejudice toward others.” Louisville attorney and columnist Bridget Bush is calling foul, expressing concerns that the new rule is a violation of the U.S. Constitution’s First Amendment. So reads a column in the Courier-Journal.
The Wall Street Journal echoed her sentiment in a separate piece. Bush said she fears lawyers may be sanctioned for simply stating unpopular ideas and the ramifications can range from embarrassing to career threatening.
“Disciplinary action should be imposed if a lawyer steals from a client or bribes a judge or commits any number of ethical breaches. It should not apply to expressing an opinion, even an unpopular opinion,” she wrote.