Monday, November 4, 2013
Error for Trial Court To Order Plaintiff's Attorney to Remove Content About Prior Trial Successes From Lawfirm Website
The trial judge ordered the plaintiff's lawyer to remove content on the law firm's website which discussed successful similar cases they had tried. The appellate court reversed as "prior restraint" on First Amendment speech. Trial judge was not justified in trying to prevent jurors from accessing the lawyer's website despite judge's admonitions that jurors not do so. This is in the realm of "forbidden fruit," that is, telling jurors not to do something makes doing so more tempting.