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Voice of justice : reclaiming the First Amendment rights of lawyers / Margaret Tarkington.
Tarkington, Margaret C., 1976-
2018
KF298 .T37 2018 (Map It)
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Author
Tarkington, Margaret C., 1976-
Title
Voice of justice : reclaiming the First Amendment rights of lawyers / Margaret Tarkington.
Published
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2018.
Copyright
©2018
Call Number
KF298 .T37 2018
ISBN
9781107146839 hardcover
1107146836 hardcover
9781316600986 paperback
131660098X paperback
9781108687898 (PDF ebook)
Description
x, 285 pages ; 24 cm
System Control No.
(OCoLC)1027725996
Summary
The First Amendment rights of lawyers are ethereal. Most lawyers fail to realize that courts may deny them access to the First Amendment's protective shield in many regulatory and disciplinary contexts. Overall, attorneys cannot and should not assume that they can obtain First Amendment protection - especially when acting as an attorney in their role as an 'officer of the court'. Yet, it is precisely in the lawyering context - where attorneys engage in speech, association, and petitioning for the very purpose of securing client rights, invoking law, enabling the judicial power, and obtaining justice - that the need for First Amendment protection is the most acute. If regulators silence that voice, they silence justice. From overarching theory to specific real-world contexts, this illuminating book provides a critical resource for lawyers, judges, and scholars to understand the relationship between the First Amendment rights of lawyers and the integrity of the justice system.
Note
The First Amendment rights of lawyers are ethereal. Most lawyers fail to realize that courts may deny them access to the First Amendment's protective shield in many regulatory and disciplinary contexts. Overall, attorneys cannot and should not assume that they can obtain First Amendment protection - especially when acting as an attorney in their role as an 'officer of the court'. Yet, it is precisely in the lawyering context - where attorneys engage in speech, association, and petitioning for the very purpose of securing client rights, invoking law, enabling the judicial power, and obtaining justice - that the need for First Amendment protection is the most acute. If regulators silence that voice, they silence justice. From overarching theory to specific real-world contexts, this illuminating book provides a critical resource for lawyers, judges, and scholars to understand the relationship between the First Amendment rights of lawyers and the integrity of the justice system.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
ebook version : 9781108687898
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Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Do lawyers have First Amendment rights?
"Speech is all we have"
Self-regulation : myth and reality
Attorneys as officers of the court and delegates of state power
Core ideals of the First Amendment
Cognate inseparable rights
The access to justice theory
Freedom to form an attorney-client relationship
Safeguarding client counseling and confidences
Invoking law and processes to protect client interests
Safeguarding and impugning judicial integrity
Securing criminal constitutional processes
Uncompromised pretrial publicity
Attorney civility, harassment, and discrimination.

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