Ban Lawyers from Advertising DWI/DUI Expertise?

A bill in Tennessee, if it becomes law, would ban lawyers in the state from advertising their expertise in drunken driving cases. The sponsor, Sen. Rosalind Kurita, believes that the law would make it easier to convict citizens accused of driving under the influence of alcohol.

However, another Senator, Jim Kyle, argues that the prohibition would violate commercial free speech protected by the First Amendment to the U.S. Constitution. He argues that there is nothing wrong with an accused person being able to find a qualified lawyer who can represent them well to protect their rights.

The state bar association says that there are already strict rules about lawyers' advertisements and that the law is unnecessary.


  • Eric Schelzig, Senate measure would ban lawyers from DUI advertising. Memphis Daily News, April 24, 2008.

Filed Under: Drinking and Driving