Expression by Professional and “Restricting” Free Speech
An Analysis from the data of Lawyer Discipline(2000~2017)
2020 Volume 8 Pages 4-15
Details
2020 Volume 8 Pages 4-15
Freedom of expression is not only a cornerstone of democratic government, but also protects the right to advertise goods and services. Lawyers use communication to exercise their profession. Although the content of these communications is assumed protected intuitively, the scope is elusive. In this Article, I explore the types of regulations on lawyers speech, especially the impact of the professional self-government contradicts professionals free speech interests indirectly. Based on the case studies of disciplinary action by Bar Association in japan and the reflection from media perspective, I suggests that the rule “dignity of lawyer” is basically content-based regulation of speech and linked to multiple situations. Yet the expression of individual professionals’ advice to clients and its subsequences communication are most targetable , such rule also would be applicable to legal information of providing background knowledge, such as lawyer’s advice and statement from Media discourse even without professional-client relationship.
