Shapero v. Kentucky Bar Association (1987)
- Docket
- 87-16
- Decided
- 1987-01-01
Summary
Question: Does a Kentucky Supreme Court rule prohibiting direct mail advertisements by attorneys to prospective clients, even when there is no false or misleading information, violate the First Amendment? Conclusion: Yes. In a 6-3 decision, Justice William J. Brennan wrote the majority opinion, holding the Kentucky Supreme Court rule unconstitutional. The Supreme Court did not decide whether Shapero’s letter required First Amendment protections. The Court remanded the case for further consideration of that issue. Justice Byron R. White wrote a concurrence, stating that the question of whether Shapero’s letter required First Amendment protections should be left to state courts.