ABA Model Rule 8.4(g), Discriminatory Speech, and the First Amendment

Authors

Bruce A. Green
Rebecca Roiphe

Abstract

The article focuses on American Bar Association (ABA) adopted Model Rule of Professional Conduct 8.4(g), for incivility might be used as a disciplinary standard to restrict lawyers' constitutionally protected speech. It mentions rule targets unlawful behavior including racial discrimination and sexual harassment, as well as some bad conduct that may otherwise be lawful and that might be hard to reach under existing rules, but that plainly should be sanctioned.

Recommended Citation

Green, Bruce A. and Roiphe, Rebecca (2022) "ABA Model Rule 8.4(g), Discriminatory Speech, and the First Amendment," Hofstra Law Review: Vol. 50: Iss. 3, Article 4.
Available at: https://scholarlycommons.law.hofstra.edu/hlr/vol50/iss3/4